City Prevails On Emergency Legislation
City Solicitor John Curp released the following statement regarding McQueen v. Dohoney:
"Today, the Ohio Supreme Court denied jurisdiction to hear the appeal in McQueen v. Dohoney, Case No. 2013-1192 . The primary issue of this case was whether the City of Cincinnati Charter permits City Council to enact emergency legislation or whether all legislation is subject to referendum. By denying jurisdiction, the decision of the Ohio First District Court of Appeals stands as binding precedent for the future conduct of City business. The City will have the authority, as it has since the first reform charter of the 1920s, to pass emergency legislation to protect the health, safety and economic interests of the City and its citizens. The City is grateful for the assistance of its partners in the business community, including the Greater Cincinnati Chamber of Commerce, the Board of 3CDC, the Board of the Port Authority of Cincinnati and the many private developers who recognized the necessity of the City being capable of working at the speed of business.
"I believe that politics belong in the legislative branch of government and not in our courts. This decision reaffirms that politics should stay on the Council floor and short-term interests not be dragged through the judiciary where the consequences can have a long-standing impact on the public safety and economic interests of the City. Consistency in interpreting long-standing legal rules is important in promoting a vibrant business climate in the City. The Courts have reaffirmed that the City of Cincinnati is free to operate at the speed of business.
"Today, City lawyers are defending the next challenge to operating at the speed of business. The City Manager’s executive authority is being challenged. If it is not upheld, minor revisions to business documents will slow to Council’s pace. Numerous recent transactions, including dunnhumby, and many deals with 3CDC and the Port are all handled with the same executive discretion as the Parking transaction. We are confident that the Courts will recognize the separation of powers and decline judicial intervention. Short-term political interests should not undermine long-standing laws and business practices without a full recognition of the consequences on our community."