APPENDIX 1A APPENDIX a UNITED STATES COURT of APPEALS for the SIXTH CIRCUIT ———— No
APPENDIX 1a APPENDIX A UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ———— No. 19-3196 ———— WILLIAM T. SCHMITT; CHAD THOMPSON; DEBBIE BLEWITT, Plaintiffs-Appellees, v. FRANK LAROSE, Ohio Secretary of State, Defendant-Appellant. ———— Appeal from the United States District Court for the Southern District of Ohio at Columbus No. 2:18-cv-00966— Edmund A. Sargus, Jr., Chief District Judge. ———— Argued: June 26, 2019 Decided and Filed: August 7, 2019 ———— Before: CLAY, WHITE, and BUSH, Circuit Judges. ———— COUNSEL ARGUED: Benjamin M. Flowers, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant. Mark R. Brown, CAPITAL UNIVERSITY LAW SCHOOL, Columbus, Ohio, for Appellees. ON 2a BRIEF: Benjamin M. Flowers, Michael J. Hendershot, Stephen P. Carney, OFFICE OF THE OHIO ATTOR- NEY GENERAL, Columbus, Ohio, for Appellant. Mark R. Brown, CAPITAL UNIVERSITY LAW SCHOOL, Columbus, Ohio, Mark G. Kafantaris, Columbus, Ohio, for Appellees. WHITE, J., delivered the opinion of the court in which CLAY, J., joined, and BUSH, J., joined in part. BUSH, J. (pp. 15–26), delivered a separate opinion concurring in part and in the judgment. OPINION HELENE N. WHITE, Circuit Judge. Plaintiffs William T. Schmitt and Chad Thompson submitted proposed ballot initiatives to the Portage County Board of Elections that would effectively decriminal- ize marijuana possession in the Ohio villages of Garrettsville and Windham. The Board declined to certify the proposed initiatives after concluding that the initiatives fell outside the scope of the municipali- ties’ legislative authority. Plaintiffs then brought this action asserting that the statutes governing Ohio’s municipal ballot-initiative process impose a prior restraint on their political speech, violating their rights under the First and Fourteenth Amendments.
[Show full text]