Cited Article

The Role of New Federalism and Public Health Law

Case Citation

Maple Hts. v. Ephraim, 178 Ohio App.3d 439, 898 N.E.2d 974, 978 (2008)

Background

After defendant's 17-year-old son was arrested and charged with offenses that would be felonies if committed by an adult, city charged defendant with violation of municipal ordinance that held parents criminally liable if their minor child committed a delinquent act that would be considered a felony or misdemeanor if committed by an adult.

Citing Quote

The police power has been said to have originated ‘in the inherent need of government to impose certain restraints on the private actions of citizens for the benefit of all.’ (Footnote omitted.) Hodge, The Role of New Federalism and Public Health Law (1997), 12 J.L. & Health 309, 320.”

“The rationale for the police powers is: ‘Where individual actions or other elements constitute threats to the public welfare, governments should be able to use their powers to reduce, deter, or enjoin the resulting harms to society. In order for individuals to exist peacefully and beneficially in societal groups, governments must be able to control individual rights and uses of property in the interests of increasing the benefits and reducing societal drawbacks. Sovereign police powers represent as much a grant of power to governments from the people as they do an inherent attribute of governmental power over the people. “The public welfare demands that the rights of the individual give way to those of the people as a whole.” ’ (Footnotes omitted.) Id.”

Article Publication Date

1997

Volume

12

Issue

2