Buckeye Reporter

Gov. Mike DeWine has overstepped his authority in his mishandling of the pandemic and needs to be reeled in, according to State Sen. Rob McColley (R-Napoleon).  

DeWine, who has been called the “most egregious” of lockdown governors, is facing intensifying pressure to open the state as Ohio prepares to enter its sixth month of lockdown.

McColley said Dewine’s continued lockdown orders are unconstitutional.

“[T]he constitution was created in a time of emergency and it does not cease its operation during a time of emergency,” McColley told the Buckeye Reporter. “In fact, it is arguably more important to protect against the erosion of constitutional rights during times of emergency than at any other time.”  

McColley, along with state Sen. Kristina Roegner (R-Hudson), is the sponsor of SB 311 which just passed in the Senate in a 20-13 vote. Three Republican Senators - Kirk Schuring (R-Jackson Township), Peggy Lehner (R-Kettering) and Stephanie Kunze (R-Hilliard) - voted with the and all Democrats voted against the measure.

The bill would reopen the state’s businesses, rescind stay at home orders and further codifies DeWine’s, or any other Ohio governor administration's, powers in such matters going forward.

“[O]ne branch of government is not meant to and has never been meant to have control over our daily lives for as long as the executive branch has without checks and balances,” McColley said. “Moreover, the way the governor’s office has been interpreting their powers of quarantine and isolation are clearly in contradiction of historic legislative intent.”  

The legislation would also require the governor to seek a renewal of quarantine status every 14 days in concert with the state director of health. The legislature would then vote on whether to extend any lockdown order.

The constitutionality of the mask mandate is currently being challenged in court. Complainants say DeWine never had the authority to shut down their businesses, to which McColley agrees.

"It’s important to remember we are not limiting the governor’s authority in this bill because the governor never had the authority, to begin with," McColley said. "This bill primarily clarifies what the exiting authority is and has always been and also puts in place reasonable checks and balances." 

Meanwhile, disturbing reports have been popping up from across the state people being arrested or threatened with arrest for not wearing masks in outdoor areas.

Businesses in Ohio have suffered greatly due to the lockdown. Dire economic projections abound for the state with some forecasting it could take years to dig out.  

Unemployment rates increased to 8.9 percent last month, which is a .5 percent higher than the national average.

A recent Ohio Chamber Research Foundation poll of Ohio business leaders found business leaders are not optimistic about the economy given the economic uncertainty. 

Last month, articles of impeachment were filed against the governor by a fellow Republican. 

The bill passed the Senate without opposition and now faces a vote in the House. 

McColley said he anticipates the legislation to pass the House without issues, but for the power struggle with DeWine to continue.  

“I fully expect the governor will veto the bill, but I am hopeful and optimistic that the legislature will override the veto with a 60% majority in both chambers,” McColley said. 

DeWine’s alternative is to woo Democratic legislators to his cause which would likely weaken his already precarious position and provide political opponents fodder for years.

McColley represents the 1st District which includes Defiance, Hancock, Hardin, Paulding, Putnam, Van Wert and Williams counties.