Update on the Manna Storehouse Litigation
Tuesday, July 7th, 2009 By Buckeye InstituteOn Monday, July 6, Federal Judge Kathleen O’Malley agreed with the 1851 Center and remanded the Stowers’ case against the Ohio Department of Health and Ohio Department of Agriculture back to its proper venue, state court. In December, after the Ohio Department of Agriculture and Lorain County General Health District initiated a paramilitary raid on the Stowers family for operating a provide membership food cooperative and buying club without a government license, the Buckeye Institute’s 1851 Center filed suit. The lawsuit argues that such a raid constitutes an unreasonable search and seizure, and that Ohioans should not need licenses to pool their resources and purchase food, in bulk, from the Amish community. The case is now, once again, pending before Judge James Burge in the Lorain County Court of Common Pleas.
Lorain County is where the Stowers family lives, where the raid on their home occurred, where the Ohio Department of Health and Ohio Department of Agriculture have offices, and accordingly where the case was originally filed. However, in February, the two government agencies, apparently either (1) dissatisfied with the prospects of having their arguments heard by a locally-elected judge or (2) in attempt to defray the intense media scrutiny associate with their over-the-top raid, removed the case to Federal Court.
While the state agencies bought themselves several additional months, Judge O’Malley was less than impressed. In granting the 1851 Center’s motion to remand the case to state court, she characterized the agencies’ arguments for federal jurisdiction as “naked assertion,” and “without merit,” noting that “the Health District does not provide any legal support for its novel position.”
The decision is favorable for federalism: Federal Courts are courts of very limited jurisdiction, and state governments should not be able to evade the review of their own judges whenever an unfavorable lawsuit is filed. This is peculiarly true in this case, where the Stowers raised claims under the Ohio Constitution, rather than under federal law. The decision is also very favorable to the Stowers family and Manna Storehouse, who will finally be able to set a preliminary injunction hearing, where Judge Burge will be asked to enjoin (1) paramilitary raids for administrative licensing infractions, and the enforcement of such licensing laws and (2) the enforcement of such licensing laws against private membership organizations.
Relevant Files:
Order and Entry Granting Remand
Combined Motion to Amend and Remand
July 8th, 2009 at 8:54 pm
Congratulations on winning your motion and also, for having the good graces to post the actual order by Judge O’Malley. Unfortunately, the article does not accurately describe the Judge’s decision.
For example, the article claims that the Stowers raised issues only under the Ohio Constitution, and not the U.S. Constitution. However, Judge O’Malley notes that the original complaint alleged violations of the federal constitution, that removal of that complaint to federal court by the defendants was entirely proper, and that it was the Stowers who amended their complaint to remove the federal claims for the express purpose of affecting the choice of forum. Judge O’Malley makes it clear that it was the Stowers who were (successfully, it turns out) shopping for a forum, yet the article makes it seem as though the defendants were the ones out shopping.
Indeed, Judge O’Malley writes that it is the Stowers who engaged in unprofessional conduct in this litigation, and chastised them for it (footnote on page 10), going so far as to suggest that the Stowers (or really, their lawyers) lack a “full understanding of the applicable law.”
So next time, as they used to say on Dragnet: “Just the facts, ma’am.”