Dance studios sue state over health orders

“The right to earn a living and provide for yourself and your family is fundamental to our nation and should not be abridged...” — Federal lawsuit filed by dance studios and performers

A Sheffield Village dance studio is among those suing over the state of Ohio’s health orders requiring them to close their doors in the midst of the novel coronavirus pandemic.

The federal lawsuit, filed March 19 in the Northern District of Ohio in Cleveland by Darcy Sines of Miss Darcy’s Academy of Art LLC, along with 14 other dance studios and performers, argues shutting down their businesses and livelihood over public health concerns was unconstitutional.

The suit names Gov. Mike DeWine, Ohio Department of Health Director Stephanie McCloud, former interim Health Director Lance Himes, former Health Director Dr. Amy Acton, Chief Medical Officer Dr. Bruce Vanderhoff, Assistant Medical Director Mary Kate Francis and numerous county health commissioners, including Lorain County Public Health Commissioner Dave Covell

“The plaintiffs in this case are all owners of various dance studios,” the filing says. “Some are also performers.

“These individuals have had their livelihoods destroyed, for months in some instances, to further a political narrative of ‘keeping people safe’ from a disease that can now be shown to be roughly as dangerous as the yearly flu.”

The suit argues the plaintiffs were denied the beneficial use of their property and they were treated differently “without even a rational basis for such actions – though plaintiffs contend a higher standard applies.”

The suit seeks declaratory relief and damages for being forced out of work, according to the filing.

“The right to earn a living and provide for yourself and your family is fundamental to our nation and should not be abridged unless necessary to serve a compelling government interest and even there, no greater restrictions should occur than is necessary to serve said interest,” the filing says. “None of these standards were met with the arbitrary and capricious actions of the defendants.”

The filing makes three statements of claim and seeks damages in the amount of $1 million for: an unconstitutional order – right to work; a violation of equal protection principles; and takings under state and federal law without just compensation.

Representatives for DeWine did not immediately respond to a request for comment.

Lorain County Assistant Prosecutor Dan Petticord declined to comment on the lawsuit.