OHIOANS FOR CONCEALED CARRY, INC. v. CLYDE

No. 2007-0960.

120 Ohio St.3d 96 (2008)

2008-Ohio-4605

OHIOANS FOR CONCEALED CARRY, INC. et al., Appellees, v. CITY OF CLYDE et al., Appellants.

Supreme Court of Ohio.

Decided September 18, 2008.


Attorney(s) appearing for the Case

Lydy & Moan, Daniel T. Ellis, and Frederick E. Kalmbach; and Firestone, Brehm, Hanson, Wolf & Young, L.L.P., and L. Kenneth Hanson III, for appellee Ohioans for Concealed Carry, Inc.

Schottenstein, Zox & Dunn Co., L.P.A., John C. McDonald, Stephen J. Smith, and Matthew T. Green; and Barry W. Bova, for appellant.

Nancy Hardin Rogers, Attorney General, William P. Marshall, Solicitor General, Stephen P. Carney, Deputy Solicitor, and Todd A. Nist, Assistant Solicitor, for intervening appellee Ohio Attorney General Nancy Hardin Rogers.

John F. Kostyo and Stephen P. Halbrook, urging affirmance for amicus curiae National Rifle Association of America, Inc.

Robert Triozzi, Director of Law, and Gary S. Singletary, Assistant Director of Law, urging reversal for amicus curiae the city of Cleveland.

Byron & Byron Co., L.P.A., and Stephen L. Byron; and John Gotherman, urging reversal for amici curiae Ohio Municipal League and the municipalities of Beachwood, Cincinnati, Dublin, Kettering, New Albany, Orange, Shaker Heights, and Toledo.


O'DONNELL, J.

{¶ 1} The issue presented in this case concerns whether Clyde Ordinance 2004-41, which prohibits licensed handgun owners from carrying concealed handguns in Clyde city parks, is a valid exercise of the municipality's home-rule power according to Section 3, Article XVIII, of the Ohio Constitution. Because the ordinance is an exercise of the municipality's police power that...

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