City of Cincinnati's Residency Requirement for Employees Struck Down City's Appeal Denied by Ohio Supreme Court

CINCINNATI, OH, December 01, 2012

The Supreme Court of Ohio today denied the City of Cincinnati's request to review an appellate court's decision invalidating a city ordinance that required all Cincinnati employees to live within Ohio. As a result, the appellate court's decision voiding the City's residency requirement will stand, and the City may no longer enforce its residency requirement. The practical effect of this decision is that Cincinnati employees, previously restricted to living in Ohio by the City's ordinance, may now live in Kentucky and Indiana without fear of dismissal from their positions.

The case challenging the City's ordinance was brought by a union representing approximately 850 City employees - the Cincinnati Organized and Dedicated Employees ("CODE"). CODE prevailed against the City under a 2006 Ohio statute entitled "Political subdivisions generally prohibited from imposing residency requirements on employees," which provides that "employees of political subdivisions of this state have the right to reside any place they desire." (Ohio Rev. Code sec. 9.481(C)). In 2010, the City of Cincinnati adopted an ordinance that attempted to expand an exception in the state law allowing some residency requirements for emergency responders to limit where non-emergency employees could reside. CODE challenged the ordinance and prevailed at every level of the courts. The Ohio Supreme Court's refusal to hear an appeal means that the City's ordinance is void, although it may still be permissible in the future for the City to impose residency restrictions on emergency responders.

CODE was represented by attorneys Christian A. Jenkins, Niroshan Wijesooriya and Amy Gullifer of Minnillo & Jenkins, Co. LPA. The court of appeals' decision voiding the City's ordinance can be read at: http://www.minnillojenkins.com/wp-content/uploads/2012/11/2012-ohio-3162.pdf

Minnillo & Jenkins, Co. LPA is a law firm based in Cincinnati's historic Hyde Park neighborhood with additional offices in Columbus, Dayton, West Chester and Eastgate. The firm's practice areas include bankruptcy (www.mjbankruptcy.com), consumer protection, labor and employment, domestic relations and divorce, workers compensation and class action litigation. Minnillo & Jenkins, Co. LPA is proud to represent CODE in this case.