Appellant has failed to show how he has been injured by the exception to working on Sundays in the ordinance. Thus, he does not have standing to assert either a free exercise or establishment claim.
Wednesday, June 15, 2016
Challenge To Sunday Exception In Property Maintenance Law Rejected
In State of Ohio v. McKinley, (OH App., June 9, 2016), defendant appealed his convictions for violating Youngstown, Ohio's Property Maintenance Code which requires that commercial building demolition projects once begun, continue daily until finished (excluding holidays, Sundays, and inclement weather days). Defendant's attempt to demolish a hospital building had not been completed after two-and-one-half years. Among the assignments of error rejected by an Ohio appellate court was defendant's claim that the statute, by allowing an exception for Sunday in assessing whether demolition work has continued, but not for other religions' days of rest, infringes defendant's free exercise rights. According to the court: