Is this new ordinance unconstitutional?
Below is an ordinance that passed unanimously at the Tuesday night’s City Council meeting. The ordinance affects the hours of operation of public dances, dance halls, and skating rinks. Currently, there are no dance halls in Norwood, and there is only one skating rink, the Fun Factory on Sherman Avenue. It is the only business affected by the ordinance.
Speaking against the ordinance at Tuesday night’s meeting was Johanna Hutchins, attorney for Scott Winter, owner of the Fun Factory. She argued both orally and in a letter to City Council that the ordinance is unconstitutional. Click here for excerpts from her 3-page letter. Interestingly, she does not cite which part/parts of the U.S. constitution support her arguments.
What do you think? Would the Fun Factory prevail in a lawsuit based on the unconstitutionality of this ordinance?
Ordinance 41
Whereas, Public Dances and Roller Skating rinks are places where large number of people gather; and
WHEREAS, Council desires to protect such large gatherings from the threat of injury due to fire and other hazards; and
WHEREAS, Such large gatherings have an impact on the surrounding neighborhood due to parking, traffic, and noise issues; and
WHEREAS, Council desires to adopt regulations which mitigate the impact of such gatherings on the surrounding community; now therefore;
BE IT ORDAINED by the Council of the City of Norwood, State of Ohio that:
SECTION 1. Section 747.05 of the Codified Ordinances of the City of Norwood, Ohio, entitled “Hours of Operation” is hereby adopted to read as follows:
747.05 HOURS OF OPERATION
(a) Public roller skating rinks or arenas shall operate only between the hours of 10:00 a.m. and 12:00 a.m. on the same day.
(b) Public dances and public dance halls shall operate only between the hours of 2:00 p.m. and 2:00 a.m.
SECTION 2. This ordinance shall go into effect on the earliest date allowed by law.
Speaking against the ordinance at Tuesday night’s meeting was Johanna Hutchins, attorney for Scott Winter, owner of the Fun Factory. She argued both orally and in a letter to City Council that the ordinance is unconstitutional. Click here for excerpts from her 3-page letter. Interestingly, she does not cite which part/parts of the U.S. constitution support her arguments.
What do you think? Would the Fun Factory prevail in a lawsuit based on the unconstitutionality of this ordinance?
Ordinance 41
ORDINANCE ADOPTING SECTION 747.05 OF THE CODIFIED ORDINANCES
OF THE CITY OF NORWOOD, OHIO,
ENTITLED “HOURS OF OPERATION”
OF THE CITY OF NORWOOD, OHIO,
ENTITLED “HOURS OF OPERATION”
Whereas, Public Dances and Roller Skating rinks are places where large number of people gather; and
WHEREAS, Council desires to protect such large gatherings from the threat of injury due to fire and other hazards; and
WHEREAS, Such large gatherings have an impact on the surrounding neighborhood due to parking, traffic, and noise issues; and
WHEREAS, Council desires to adopt regulations which mitigate the impact of such gatherings on the surrounding community; now therefore;
BE IT ORDAINED by the Council of the City of Norwood, State of Ohio that:
SECTION 1. Section 747.05 of the Codified Ordinances of the City of Norwood, Ohio, entitled “Hours of Operation” is hereby adopted to read as follows:
747.05 HOURS OF OPERATION
(a) Public roller skating rinks or arenas shall operate only between the hours of 10:00 a.m. and 12:00 a.m. on the same day.
(b) Public dances and public dance halls shall operate only between the hours of 2:00 p.m. and 2:00 a.m.
SECTION 2. This ordinance shall go into effect on the earliest date allowed by law.
posted by Citizens For A Better Norwood at
9:11 AM
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