Where a law does affect private rights, the court explained that it must scrutinize the law and its purpose. Constitution and Ohio Constitution, Article 1, Section 1, which provides: "All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety."īut the court noted that the Ohio Constitution also states in Article 1, Section 19 that "Private property shall ever be held inviolate, but subservient to the public welfare," which allows a law to interfere with private rights to accomplish a valid public welfare purpose. The resident claimed that the city ordinance violates the U.S. Nor does a city ordinance that prohibits the keeping of such animals violate the federal or state constitutions.Ī resident of Bedford, Ohio raised the challenge after being found guilty of a minor misdemeanor for keeping a pygmy goal and four chickens at his home, in contradiction to a city ordinance. Professor, OSUE Agricultural & Resource Law Programĭoes an Ohio resident have a constitutional right to keep rabbits, goats, chickens, horses, cows, ducks, turkeys, geese or other fowl on his or her property? No, according to a recent decision by Ohio's Eighth District Court of Appeals.
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