Ohio Supreme Court Upholds Ban on Residency Requirements

June 16, 2009

In 2006, the Ohio Supreme Court created a legislative provision that banned cities from requiring workers to live inside the city limits. Dayton, Cleveland, Toledo, Warren, Akron, and Lima all challenged the decision. However, yesterday, the Ohio Supreme Court upheld its previous decision in a vote of 5-2.

The decision is noteworthy because the state Constitution gives all cities the rights to create rules about where the employees live. However, because the decision comes from the top court in the state, it stands. This puts a limit on municipal jurisdiction.

Civil rights attorneys are saying that the decision minimizes the home rule and will most likely influence the decisions made in the future.

The dissenting opinion of the case, however, had the following to say:

“Municipalities clearly have a strong interest in the qualifications of their employees and the makeup of their work forces. Much like a private employer may seek employees who are invested members of the local community, a municipality may place a great premium on hiring individuals who exhibit a high level of commitment to that municipality.”