High court says cities cannot dictate where workers live

COLUMBUS — The Ohio Supreme Court ruled Wednesday that Ohio cities cannot require employees to live within their corporate limits.

In a 5-2 decision, the justices found that a state law forbidding municipalities from imposing residency restrictions for workers overrides local ordinances and is not in violation of cities’ home rule authority. The ruling also covers counties, townships and school districts.

The cities of Lima and Akron filed suit after state lawmakers passed legislation stating that “no political subdivision shall require any of its employees, as a condition of employment, to reside in any specific area of the state.”

Both cities, and many others, including Youngstown and Warren, have ordinances in place requiring workers to live within their borders as a condition of employment. In Lima, the requirement applied to workers appointed by the mayor; in Akron, the charter required all employees to live in the city while employed by the city.

In the majority decision, written by Justice Paul E. Pfeifer, the state’s high court ruled that the Ohio Constitution gives authority to the General Assembly to provide “for the comfort, health, safety and general welfare of all [employees] and no other provision of the constitution shall impair or limit this power.”

Read more in Thursday’s Vindicator and Vindy.com