Expert weighs in on the legality of a curfew in Ohio

Five on 2

MORAINE, Ohio (WDTN) — During Tuesday’s briefing, Governor Mike DeWine was asked whether he thought issuing a curfew was in violation of Ohioans constitutional rights, Thaddeus Hoffmeister, professor of law at the University of Dayton, weighs in.

Hoffmeister said he doesn’t believe the governor is violating anyones constitutional rights and that it actually falls to him to ensure the welfare of the people of Ohio.

From Hoffmeister’s perspective, DeWine is trying to fulfill his role and is doing so by taking the least restrictive measures possible to accomplish them. The state has already been through a shutdown, but a curfew still allows businesses to remain open.

As far as enforcement is concerned, Hoffmeister and DeWine both said there shouldn’t be police officers patrolling and pulling people over after 10 p.m. just for being out. It’s intended as a passive enforcement measure that deters people from getting together in public.

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