As an update to our September 1, 2016 article, a Cuyahoga County Judge recently ruled that the State’s residency law (HB 180) violates Ohio’s Constitution and prohibited the State from enforcing the law. A link to the Judge’s decision can be found here.
Earlier this summer, the Ohio legislature passed, and Governor Kasich signed, the law (HB 180) that prohibited public entities from insisting on residency requirements when procuring construction services. HB 180 was expected to go into effect on August 31, 2016. However, that has all changed with the Judge’s ruling in this case.
For the time being, public entities can still require residency requirements without running afoul of HB 180. Whether that remains the case depends on what happens in the State’s likely appeal to the 8th District Court of Appeals and perhaps the Ohio Supreme Court.