Court strikes down Ohio governor's veto

Ohio's highest court on Wednesday struck down Gov. Ted Strickland's veto of a bill on his first day in office, saying his action came two days past the deadline.

In a 5-2 decision, the state Supreme Court ordered Secretary of State Jennifer Brunner to move forward with the bill, which prohibited lawsuits over lead paint.

The measure had been passed by the Republican-controlled Legislature and former Gov. Bob Taft chose to let it become law without his signature. However, on Jan. 8, the day Democrat Strickland took office, he had Brunner return the bill to his office and he vetoed it.

Lawmakers sued, arguing that the veto violated procedures laid out in the Ohio Constitution.

The legislation says paint manufacturers can't be sued under public nuisance laws, which some U.S. cities have used to try to force companies to help pay for the removal of lead-based paint in older homes. Strickland vetoed the bill because he felt it stripped consumers of the right to seek damages from the companies, his spokesman said.

In his majority opinion Wednesday, Justice Robert R. Cupp said the 10-day time limit for vetoes laid out in the constitution begins ticking when a legislative session is adjourned rather than when a bill is delivered to the governor. By that count, the opportunity to veto the bill expired on Jan. 6, two days before Strickland acted.

The Strickland administration had argued that the 10-day window began when Taft received the bill, not when the session adjourned. They said that period ended Jan. 8.

Strickland spokesman Keith Dailey said the governor was disappointed by the ruling.

"The governor has concerns about the potential impact on all future governors of this decision on the constitutional veto authority invested in the office of the governor," he said.

In a dissent, Justice Paul Pfeifer accused the court majority of striking "a harmful blow to the separation of powers." He said their interpretation of the constitution would allow the Legislature to "eliminate entirely a governor's veto by waiting until ten days after adjournment to present a passed bill to the governor."