ELECTRONICALLY FILED

COURT OF COMMON PLEAS

Wednesday, July 31, 2019 4:32:17 PM
CASE NUMBER: 2019 CV 03464 Docket ID: 33668584
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO

CIVIL DIVISION

CITY OF DAYTON, OHIO, : Case No. 2019 CV 03464

: Judge Huffman
Petitioner/Plaintiff,
:
vs.
:

STATE OF OHIO, : ORDER GRANTING TEMPORARY

RESTRAINING ORDER
:

Respondent/Defendant. :

This matter is before the Court on Plaintiff’s Motion for a Temporary Restraining Order

filed July 29, 2019 and after a conference with Counsel that occurred on July 31, 2019.

By clear and convincing evidence the Court finds the following: (1) The petitioner is

likely to prevail on the merits of its claims; (2) Specific facts shown in the verified complaint

establish that immediate and irreparable injury-to wit, violation of Dayton’s constitutional rights,

redeployment of police personnel resulting in no enhancement to the safety, loss of Local

Government Funds, health and welfare of the citizenry, a reduction or elimination of Dayton’s

Photo Enforcement Program, which will result in a significant increased risk of death and injury

to the citizenry and a reduction in Dayton’s revenues; (3) The public interest in avoiding such

physical injury or death will be served by the issuance of this injunction. (4) The public interest

substantially outweighs any harm that the Respondent will experience as a result of the issuance

of this injunction.
 Therefore, IT IS HEREBY ORDERED that the State of Ohio is enjoined from enforcing

R.C. 1901.20(A)(1), R.C. 1907.02(C), R.C. 4511.093(B)(1) and (3), R.C. 4511.096(C), R.C.

4511.099(A), and R.C. 5747.502(B), (C), (D), and (F), pending a full briefing of the matter, that

briefing shall conclude no later than August 14, 2019. A briefing order shall follow shortly.

Pursuant to Civ. R. 65(E), service of this Temporary Restraining Order may be accomplished in

accordance with the Ohio Civil Rules, and/or by emailing a copy of this Order to Counsel at the

Ohio Attorney General’s Office.

SO ORDERED:

HON. JUDGE MARY KATHERINE HUFFMAN

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Respectfully submitted,

BARBARA J. DOSECK
CITY ATTORNEY

By S/ JOHN C. MUSTO_______
John C. Musto (0071512)
Chief Trial Counsel
101 West Third Street
P.O. Box 22
Dayton, Ohio 45401
Telephone: (937) 333-4100
Facsimile: (937) 333-3628
John.Musto@Daytonohio.gov
Attorneys for City of Dayton, Ohio

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 CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing was sent by ordinary U.S. Mail postage
prepaid, this 29th day of July 2019:

Halli Watson,
Assistant Attorney General
30 E. Broad St., 17th Floor
Columbus, OH 43215

S/ JOHN C. MUSTO
John C. Musto #0071512
Chief Trial Counsel

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 General Divison
Montgomery County Common Pleas Court
41 N. Perry Street, Dayton, Ohio 45422

Case Number: Case Title:

2019 CV 03464 CITY OF DAYTON OHIO vs STATE OF OHIO

Type: Temporary Restraining Order

So Ordered,

Electronically signed by mhuffman on 07/31/2019 05:02:56 PM Page 5 of 5