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The Buckeye Institute: House Bill 157 Would Protect Taxpayers from Unconstitutional Emergency-Based Local Income Tax System

May 18, 2021

Columbus, OH – Jay R. Carson, senior litigator at The Buckeye Institute, issued the following statement after House Bill 157 was voted out of the Ohio House Ways and Means Committee. 

“House Bill 157 protects Ohio’s taxpayers by re-affirming the well-established constitutional principle that a city can only tax people who live in that city or work in that city, and it further rectifies the unconstitutional overreach of House Bill 197 by recognizing that while the General Assembly can legislate rules regarding tax withholding, it cannot expand a city’s taxing jurisdiction to include people who do not live in or work in a city.”

The Buckeye Institute has filed five cases challenging House Bill 197’s unconstitutional overreach.

  • Buckeye v. Kilgore was filed in Franklin County Court of Common Pleas in July 2020 and dismissed on April 27, 2021. A notice of appeal was filed on April 28, 2021. 
  • Denison v. Kilgore was filed in Franklin County Court of Common Pleas in February 2021 and settled in favor of Buckeye’s client Mr. Denison in April 2021. 
  • Schaad v. Alder was filed in Hamilton County Court of Common Pleas in February 2021. 
  • Curcio v. Hufford was filed in Lucas County Court of Common Pleas in March 2021. 
  • Morsy v. Dumas was filed in Cuyahoga County Court of Common Pleas in April 2021. 

Buckeye also filed an amicus brief in New Hampshire v. Massachusetts with the U.S. Supreme Court to protect Granite Staters from unconstitutional taxation by Massachusetts.

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