Perspective: Inspection Laws in Cleveland Ohio Unconstitutional

In July, a Federal Court certified a class action lawsuit against the city of Bedford, Ohio.  The court found that the property owners that were forced to allow the city to inspect their property as a condition of the sale of their property are entitled to receive refunds on the inspection fees.

In Ohio, the cities had threatened property owners with being prosecuted and possibly jailed if they sold their homes with out first passing a city inspection.

The lawsuits filed by the 1851 Center caused each city to change their inspection policies, however, they have not agreed to yet return the inspection fees that had been paid.

Maurice Thompson of the 1851 Center said that “Local governments do not have unlimited authority to force entry into Ohioans’ homes or businesses. To the contrary ‘houses’ are one of the types of property specifically mentioned by the Fourth Amendment; and Ohioans have every moral and constitutional entitlement to exclude others, even government agents, from their property,” and he adds. “The right to own property in Ohio has little value if local governments can continuously chip away at one’s right to actually make use of that property, requiring government permission slips for basic arrangements such as the sale of one’s home to a willing buyer.”

Here in Missouri and in other states across the country, however, it seems that if you own rental property or you reside in a rental property, you are not entitled to your 4th Amendment Rights as many cities are passing mandatory interior inspections without a warrant.

Click Here to Read the Full Article from the 1851 Center