Cities Sue To Block Ohio's New Law Forbidding Residency Requirements

From The Cleveland Plain Dealer, May 2

A prohibition against local governments forcing employees to live within city limits became law Monday, but officials in three cities sued to block it. Lawyers for Cleveland, Akron and Youngstown filed lawsuits Monday against Gov. Bob Taft, who signed the measure in January. They say the law is unconstitutional and infringes on charter cities' home-rule powers. While the lawsuits are pending, residency laws remain in effect. "The charter prevails over the state statute," said Deborah Forfia, Akron's assistant law director. Although cities have won similar battles regarding state laws that usurp charter powers, she said that Monday marked the first time residency requirements have been in court. Cleveland officials agreed with their Akron counterparts and said residents control rules on residency. Cleveland residents repealed the residency law in 1967 but reinstated it in 1982. Akron voters approved a residency requirement in 1978, and in 1995 they rejected an amendment that would have permitted certain employees to move outside the city to live in Summit County or an adjoining county. Youngstown voters approved a residency requirement in 1988. Officials say the laws give municipal workers a stake in the communities, a greater knowledge of city conditions and a quicker response in emergencies. Some employees disagree. Unions representing Cleveland's firefighters and police also went to court Monday, seeking a ruling upholding the new law. Paul Hlynsky, president of the Akron Fraternal Order of Police, has said residency requirements limited the pool of qualified candidates. A Dayton legal official said his city plans to oppose the law. Columbus and Cincinnati officials agree that the law violates home rule, but their laws are less restrictive than those elsewhere. Cincinnati employees can live anywhere in Hamilton County, and Columbus employees can live in Franklin County or contiguous counties. Everyone, including bill sponsor Timothy Grendell, a Chester Township state senator, agrees on one element of the debate: The Ohio Supreme Court is likely to decide the issue.