PORTAGE CTY. EDUCATORS v. SERB

Nos. 2021-0190 and 2021-0191.

202 N.E.3d 690 (2022)

169 Ohio St.3d 167

2022-Ohio-3167

PORTAGE COUNTY EDUCATORS ASSOCIATION FOR DEVELOPMENTAL DISABILITIES-UNIT B, OEA/NEA, Appellee, v. STATE EMPLOYMENT RELATIONS BOARD et al., Appellants.

Supreme Court of Ohio.

Decided September 13, 2022.


Attorney(s) appearing for the Case

Green, Haines, Sgambati Co., L.P.A., Charles W. Oldfield , Richard T. Bush , Stanley J. Okusewsky , and Ira J. Mirkin , Youngstown, for appellee.

Ronald J. Habowski , Aurora, for appellant Portage County Board of Developmental Disabilities.

Organ Law, L.L.P., Erik J. Clark , and Connor A. Organ , Special Counsel to Attorney General Dave Yost, for appellant State Employment Relations Board.

Haynes, Kessler, Myers, and Postalakis, Inc., Stephen P. Postalakis , and David S. Kessler , Worthington, urging reversal for amicus curiae, Ohio Association of County Boards Serving People with Developmental Disabilities.


{¶ 1} Peaceful picketing on a public sidewalk or street enjoys a venerated status as a form of expressive activity that is subject to the protections of the First Amendment to the United States Constitution. R.C. 4117.11(B)(7) makes it "an unfair labor practice for an employee organization, its agents, or representatives...

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