Last November, an Ohio state appellate court remanded to the trial court a church's appeal of an injunction that had been issued against it enforcing Ohio's fire code requirements for residential buildings. (See prior posting.) At issue was whether the church's "overnight ministry" triggered fire code requirements for residential use. The appellate court remanded the case because the trial court had not applied strict scrutiny as required by the Conscience Clause of the Ohio Constitution. Now in Pool v. Dad's Place, (OH Com. Pl., April 1, 2026), the Ohio trial court on remand held in favor of the Church and dismissed the fire department's request for injunctive relief. The court said in part:
Having applied strict scrutiny as set forth in the Sixth District's instructions, the Court concedes that the Fire Chief's enforcement of the fire code fails because it lacks a compelling interest and isn't the least restrictive means of enforcing fire safety. The City has given waivers to other businesses like hotels, but has refused to give the church a similar accommodation. this is fatal under strict scrutiny. Therefore, a judgment in favor of Dad's Place must be entered.
First Liberty Institute issued a press release announcing the decision.
