Opinion

City of Cleveland v. Trzebuckowski

  • 85 Ohio St. 3d 524
  • 709 N.E.2d 1148
Court
Ohio Supreme Court
Filed
Jun 2, 1999
Status
Published
Author
Cook
On the bench
Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
Cited by
95 cases

holding that just because a city ordinance forbids juveniles from being present in a billiard hall, the law does not violate the right of freedom of association because it does not preclude the creation and cultivation of an intimate relationship with a juvenile

How later courts described this case

  • holding that just because a city ordinance forbids juveniles from being present in a billiard hall, the law does not violate the right of freedom of association because it does not preclude the creation and cultivation of an intimate relationship with a juvenile
  • explaining that, for non-protected classifications, and cases that do not involve fundamental rights, the appropriate level of scrutiny is rational-basis review the most deferential standard of review
  • stating that an order is final and appealable under R.C. 2505.02 if it (1) affects a substantial right, (2) in effect determines the action, and (3) prevents a judgment
  • stating that a judgment would become a final appealable order on the date of journalization

Written by the judges who cited it.

The opinion

Cook, J.,

concurring in part and dissenting in part. I agree with Sections I and 11(A) of the majority opinion. I dissent from the conclusion that the city’s method of enforcement violates equal protection. On this issue, I agree with the analysis of the court of appeals. I would find that, under the rational-basis test, Trzebuckowski has failed to demonstrate that the city’s method of enforcing this ordinance bears no rational relation to the legitimate governmental interest in promoting the welfare of minors.

Moyer, C.J., concurs in the foregoing opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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