Federal judge calls lawsuit against Ohio coronavirus response 'incomprehensible'

A federal judge has ordered plaintiffs challenging Gov. Mike DeWine's coronavirus response to simplify their complaints or see their lawsuit dismissed. Judge James Carr of the U.S. District Court for the Northern District of Ohio ordered attorney Robert Gargasz, of Lorain, and Thomas Renz, of Fremont, to simplify their claims against the state, calling the lengthy filings and affidavits "incomprehensible." On Sept. 1, Gargasz and Renz filed on behalf of seven Ohioans part of Ohio Stands Up! — alleging DeWine and the Ohio Department of Health response to COVID-19 were irrational and infringed on individuals' rights. One of those represented in the lawsuit is state school board member Kirsten Hill, of Amherst, representing Lorain County schools and others at the state level. The lawsuit alleges the shutdown last year constituted a statewide "house arrest without due process," causing universal restrictions on movement through the shelter-in-place order, and that the state intervening in individuals' health care choices violates citizens' right to privacy. That initial filing was 56 pages long, with an additional 59 pages in plaintiffs affidavits and declarations. It was supplemented by almost 600 pages of exhibits. Carr asked the attorneys to better summarize their argument, but the amended complaint didn't meet the requirement that complaints be "short and plain," under basic court guidelines, he wrote. "Aside from its continuing admixture of argument and citations, it indiscriminately blends factual allegations, conclusions and speculation," Carr wrote. "Its related affidavits, declarations, and exhibits are similarly a jumble of alleged facts, conclusory and speculative assertions, personal and third-party allegations, opinions … local television news reports and web-based materials." He noted that no matter the complexity of a case, the filing still has to be coherent. Complaints that violate the rule are subject to dismissal when the court can't understand the plaintiff's claims or their merits, according to Carr. "It's simply not my job to try to discern from plaintiffs' scattered, off-loaded stack of contentions and claims to envision what sort of plausible legal edifice a capable legal architect might erect," he wrote. Gargasz and Renz have until March 5 to show why their complaint should not be dismissed for noncompliance. Carr did not rule on a motion from the Ohio Department of Health to dismiss the lawsuit, holding off until the plaintiffs' new filing. Gargasz unsuccessfully ran as the Republican candidate for Lorain County prosecutor in the 2020 general election.