COLUMBUS, Ohio (WCMH) -- A judge in Franklin County issued a preliminary injunction Wednesday blocking -- at least for now -- a 2019 state law that expanded self-defense protections.
Franklin County Court of Common Pleas Judge Stephen McIntosh granted the temporary preliminary injunction more than three years after the city of Columbus first filed a lawsuit against the state law, House Bill 228.
"The court does believe the public interest will be served by the granting of the injunction," McIntosh wrote in the decision. "Until the issues that have been presented have been properly resolved there is nothing in this record that would establish that an injunction would cause harm to the interest of the public."
In the original lawsuit filed by Columbus city attorneys, the city argued H.B. 228 in effect prohibited Ohio cities and towns from pursuing local ordinances that would combat gun violence, saying it violated "home rule" and other doctrines in the Ohio Constitution.
H.B. 228 was first vetoed by former Gov. John Kasich, but was then forced through by state lawmakers in early 2019. It eliminated some duties to retreat -- or the requirement that people flee through any means possible before claiming self-defense -- and also shifted the self-defense burden of proof from the defense to the prosecution.
City Attorney Zach Klein filed a lawsuit with the Ohio Supreme Court on Monday, Oct. 24, aiming to force McIntosh's hand after McIntosh had failed to issue rulings on the city's motions against the law. Klein said the city now plans to dismiss that lawsuit against McIntosh, according to a Thursday press release.
"Today’s ruling upholds our constitutional right to home rule, and with it, the people’s right to push for common sense measures to reduce gun violence and keep our kids and communities safe," Klein said.
The city attorney's release also said his office "looks forward to presenting its case" once the court of common pleas releases its briefing schedule.
