State of Ohio v. Orlando Batista, Case No. 2016-0903
First District Court of Appeals (Hamilton County)
- Does R.C. 2903.11(B) violate the equal protection clauses of the Ohio and U.S. constitutions because:
o there is no rational basis for a distinction between HIVpositive individuals and individuals with other infectious diseases, such as Hepatitis C?
o there is no rational basis for a distinction between the methods of transmission of HIV?
o the statute is not rationally related to the government's purpose?
- Is R.C. 2903.11(B) a content-based regulation on speech that, under a strict-scrutiny standard, unconstitutionally compels speech and usurps the constitutional right to refrain from speaking?