(COLUMBUS, Ohio) — Led by Ohio Attorney General Dave Yost, seven states filed a federal antitrust lawsuit today challenging the NCAA’s transfer eligibility rule as an illegal restraint on college athletes’ ability to market their labor and control their education.
The rule requires college athletes who transfer among Division I schools to wait one year before competing in games, unless the National Collegiate Athletic Association waives the rule for a particular athlete. The NCAA began automatically exempting first-time transfers from the regulation in 2021 but has continued to enforce the rule for subsequent transfers and to deny waivers for no legitimate reason.
“The rule is riddled with so many exceptions that the NCAA cannot plausibly substantiate its prior justifications,” Yost said. “We’re challenging it in order to restore fairness, competition and the autonomy of college athletes in their educational pursuits.”
As part of the multistate lawsuit, filed in U.S. District Court for the Northern District of West Virginia, the attorneys general are seeking a temporary restraining order and preliminary injunction to keep the NCAA from enforcing the rule.
The suit follows by about six weeks a letter that Yost sent to the NCAA expressing concerns about the eligibility status of second-time transfer Aziz Bandaogo, a 7-foot center for the University of Cincinnati basketball team whose appeal for a waiver was denied in early November.
“Not only is that decision wrong as a matter of common sense and decency, it is also likely illegal,” Yost wrote, noting that the denial “raises serious antitrust concerns as an illegal restraint of trade.”
Although Bandaogo has since been cleared to play by the NCAA, the rule continues to hold back uncounted other college athletes, including second-time transfer Jamille Reynolds, a UC forward and teammate of Bandaogo’s.
“We’re challenging the rule to restore fairness, competition and the autonomy of college athletes in their educational pursuits,” Yost said.
Since its founding in 1906, the NCAA has expanded its rulebook beyond on-field contests to regulate off-the-field competition among its member institutions and manage the burgeoning business of collegiate sports. Some regulations are essential for the administration of college sports, the states’ lawsuit acknowledges, but “certain rules, lacking a clear procompetitive benefit, may run afoul of the nation’s antitrust laws, which are rooted in the belief that market forces yield the best outcomes.”
In justifying the one-year waiting period for second-time transfers, the NCAA cites the promotion of academic well-being and the preservation of athletic amateurism. But the suit calls the connection between the rule and these goals “pretextual”; notes that these purported goals can be accomplished through less-restrictive means; and argues that the harm it does to athletes, universities and fans far exceeds any supposed benefits.
The one-year waiting period constitutes 20% of the total time allotted by NCAA regulations for the completion of a college athlete’s full eligibility – and, as such, could prove devastating for athletes seeking to optimize their career and welfare by transferring to schools that better suit them.
The NCAA often describes the college athlete experience as transformative, with competition playing a key role. By preventing students from competing, however, it hinders the full realization of this experience. Students deprived of the opportunity to compete in their chosen sports are denied the benefits that competition offers in preparing them for life, as acknowledged by the NCAA, and often suffer financial harm.
“The ‘AA’ in NCAA might as well stand for ‘arbitrary and atrocious,’ ” Yost said. “The transfer eligibility rule needlessly curtails the fundamental rights of college athletes.”
Joining Yost in the lawsuit are the attorneys general of Colorado, Illinois, New York, North Carolina, Tennessee, and West Virginia.
(COLUMBUS, Ohio)—In honor of the lives lost on December 7, 1941 in the attack on Pearl Harbor, and in accordance with orders from the President of the United States, Governor DeWine has ordered that the flags of the United States and the state of Ohio be flown at half-staff upon all public buildings and grounds throughout the state of Ohio from midnight to midnight on December 7, 2023.
(COLUMBUS, Ohio) — Ohio Attorney General Dave Yost has scored a substantial victory in his legal challenge to U.S. Department of Health and Human Services rules that circumvented Congress’ judgment regarding how Title X family planning funds can be used.
In a 2-1 opinion in Ohio et al. v. Becerra et al., the Sixth Circuit Court of Appeals on Thursday granted Ohio an injunction against a significant part of the HHS rules. The court called the rules “contrary to” Title X law, saying they “impermissibly permit” taxpayer funding for family planning programming that provides abortion.
“Whatever your opinion on abortion as a moral matter,” Yost said, “the court vindicated Congress’ considered judgment that tax dollars should not fund programs that use abortion as a method of family planning.”
The appeals court decision stems from a lawsuit filed in 2021 by Ohio and 12 other states seeking a preliminary injunction against the Biden administration’s rules changes, calling them “arbitrary and capricious” and in violation of the Title X law.
A lower court denied the preliminary injunction, and the state appealed the ruling.
In its ruling this week, the appeals court granted an injunction exclusively to Ohio, not the co-plaintiff states, saying that only Ohio had demonstrated a substantial loss of funds that warrants an injunction. Ohio showed how the Ohio Department of Health’s grant money decreased significantly after the rule changes allowed Planned Parenthood to re-enter the Title X program.
Yost and his team are currently assessing the full impact of the injunction.
Planned Parenthood may be compelled to make program adjustments or forfeit the Title X funds in Ohio.
COLUMBUS — On Aug., 30, 2021, the United States officially ceased its military involvement in Afghanistan. As a result, the Ohio Veterans Bonus program associated with the Afghanistan Conflict, which the Ohio Department of Veterans Services (ODVS) administers, is nearing its completion.
Through the support of Ohio Governor Mike DeWine and the State Legislature, a $9.5 million measure was included in the state’s biennial budget in order to sustain the program, which will sunset at the end of next summer. The Office of Budget and Management (OBM) authorized that transfer to our agency.
These funds will ensure that ODVS can make a rigorous final push to pay every eligible veteran — including those who may have been denied payment because of correctable technicalities or other impediments. The money total is based on Department of Defense deployment figures and the number of applicants and payouts that already have been made to Ohio veterans.
The Ohio Veterans Bonus program offers a bonus for those who served in the U.S. Armed Forces after October 7, 2001. Once a veteran has received $500 for service anywhere in the world or $1,000 for service in a designated country, or the maximum $1,500 bonus, the veteran is not eligible for additional funds, even if they served in multiple conflicts. Those service members who completed their deployments in Afghanistan and have not yet applied for the Ohio Veterans Bonus can do so up until Aug. 30, 2024.
Since 2010, the Ohio Veteran Bonus has paid $78 million to more than 97,000 veterans from the Persian Gulf, Afghanistan, and Iraq Wars. Historically, the vast majority of applicants are eligible. The current number of payouts for Ohioans who served in Afghanistan is 20,320. (Note: This figure reflects the number of applications that have been paid, not the total number of recipients, since an applicant can apply until they receive the maximum bonus. In fact, a veteran could apply three or four times before they receive a full $1,500.)
“I am thrilled that Governor DeWine and the Ohio Legislature have fully funded this program so that all who served during the Afghanistan conflict receive the Bonus they have earned. This Bonus is a wonderful form of gratitude, like a heartfelt ‘thank you’ from the citizens of Ohio. We at the Department of Veterans Services are doing everything we can to encourage all eligible veterans and service members to apply.” — Maj. Gen. (U.S. Army, retired) Deborah Ashenhurst, ODVS Director
Virginia Tactical Gear & Equipment company agrees to pay more than $2 million to settle allegations related to Buy American Act
COLUMBUS, Ohio – U.S. Attorney Kenneth L. Parker today announced that a Virginia-based tactical gear and equipment company has agreed to pay nearly $2.1 million to resolve False Claims Act allegations that it failed to comply with the requirements of the Buy American Act (“BAA”), Trade Agreements Act (“TAA”) and Berry Amendment when selling textile-based products to the Department of Defense.
London Bridge Trading Company, Ltd. (“LBT”) entered the settlement with the United States and qui tam relator Ann Keating.
The BAA was enacted in 1933 to protect U.S. manufacturing by creating a preference for domestic products when the federal government purchases supplies. The Berry Amendment requires certain items purchased by the Department of Defense to be 100% domestic in origin and mandates a higher level of domestic content than the Buy American Act. The TAA governs trade agreements between the United States and foreign countries and limits certain U.S. Government procurement to US-made products or products made in designated countries.
Court documents allege that since at least 2008, LBT submitted false claims in connection with the sale of “American-made” products that were actually manufactured in foreign countries, including Peru, Mexico and China. The company marketed its goods as “100% made in America” and replaced the original foreign manufacturers’ tags with tags that read “Made in USA.”
LBT also offered its products for sale to all federal agencies on the government-owned website “GSA Advantage!” that permits government agencies throughout the United States to purchase products from contracted vendors.
The United States, including through the Defense Logistics Agency’s supply center located in Columbus, purchased a variety of textile-based products from LBT, including clothing, armor, boots, belts, bags, rope, slings, backpacks and medical pouches. This settlement specifically addressed load-out bags purchased from LBT that violated the TAA and Berry Amendment.
The civil settlement includes the resolution of claims brought by an employee of LBT under the qui tam provisions of the False Claims Act. These provisions allow a private party, known as a relator, to file an action on behalf of the United States and receive a portion of any recovery. Under the terms of the settlement agreement the relator will receive a share of the proceeds.
The lawsuit is titled U.S. ex rel. Keating v. London Bridge Trading, et al. The relator in this case had a personal interest in the safety and security of the United States military; in 2004, the relator’s son was killed while serving in Iraq. The relator believes the scheme as alleged was a threat to the safety and integrity of U.S. military operations.
This matter was investigated by agents from the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service’s Mid-Atlantic Field Office; Department of the Army Criminal Investigation Division, Major Procurement Fraud Field Office; General Services Administration, Office of Inspector General, Mid-Atlantic Division; Homeland Security Investigations; and Defense Logistics Agency working with the U.S. Attorneys’ offices in the Southern District of Ohio and Eastern District of Virginia.
“We greatly appreciate the steadfast, thorough, and collaborative work on this case by each of the federal agencies involved,” said U.S. Attorney Kenneth L. Parker. “This office takes very seriously the duty of government contractors to meet all of their obligations under government contracts and we will pursue anyone falsely certifying compliance with the Buy American Act.”
“GSA OIG will continue to work with its investigative partners and the Department of Justice to protect the integrity of GSA’s Multiple Award Schedule program and hold accountable those who attempt to defraud the government,” said Special Agent in Charge Elisa Pellegrini with the General Services Administration’s Office of Inspector General.
“We are very pleased with this resolution. This is a testament to the aggressive investigation we conducted, and now the public can see this.” said Andrew Johnson, Special Agent in Charge, Department of the Army Criminal Investigation Division, Major Procurement Fraud Field Office. “Companies that do business with the government must comply with all of their obligations, and if they seek to circumvent the rules and regulations of what and how they supply our women and men in uniform, they must be held accountable for their actions.”
Civil Chief Andrew M. Malek is representing the United States in this matter.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
(COLUMBUS, Ohio)— Ohio Governor Mike DeWine, Lt. Governor Jon Husted, and Treasurer Robert Sprague today announced details of the Ohio Homebuyer Plus program, a new savings account plan designed to encourage homeownership in Ohio.
The program, which was first proposed by Governor DeWine in his 2023 State of the State address, will make specialized, tax-advantaged savings accounts available to Ohioans to assist them on their homebuying journey. Prospective homebuyers can open Ohio Homebuyer Plus accounts through participating financial institutions beginning in January.
“This savings account program is part of our work to holistically improve access to adequate, affordable housing in Ohio,” said Governor DeWine. “By making it easier for residents to save, we can help more Ohioans achieve their dreams of homeownership.”
The program is being created with support from the Ohio General Assembly as part of the state operating budget that Governor DeWine signed in July. The program will be administered by the Ohio Treasurer’s Office.
“Ohio is the best place to live, work, and raise a family, and we want to continue to create new opportunities to build a life in our state,” said Lt. Governor Husted. “With the challenges in today’s market, we are encouraging Ohioans through this program to think about their future here and to take the steps necessary to enhance their quality of life.”
Following the same “linked deposit” model used for existing programs like Ag-LINK and Family Forward, Ohio Homebuyer Plus will offer above-market interest rates to accountholders who deposit money at participating banks or credit unions. Additionally, individuals who open an account may also qualify for certain Ohio state income tax deductions.
“To own a home in Ohio is to invest in Ohio,” said Treasurer Sprague. “However, prospective homebuyers face no shortage of challenges in today’s market, including the increasing amounts needed for their down payments and closing costs. Through Ohio Homebuyer Plus, we’re putting the strength of the state’s balance sheet to work for Ohioans as they build their nest egg and the savings needed to make one of life’s most important purchases.”
To qualify for enhanced interest savings through an Ohio Homebuyer Plus account, an eligible accountholder must:
Be an Ohio resident at least 18 years of age;
Have a primary residence in the State of Ohio; and
Only use the account proceeds toward the down payment or closing costs of a primary residence purchased in Ohio.
Accounts connected with Ohio Homebuyer Plus must be used within five years, maintain a minimum balance of at least $100, and cannot exceed a maximum balance of $100,000.
Ohio Homebuyer Plus will launch in January 2024, with a specific launch date to be announced in the coming weeks.
Prospective homebuyers will work with a participating bank or credit union to apply for a savings account through Ohio Homebuyer Plus.
More information, including a list of participating financial institutions, will be shared upon the program’s launch in January at www.ohiotreasurer.gov.
Ohio State Highway Patrol and Michigan State Police teaming up to sideline impaired driving during The Game
OHIO/MICHIGAN STATE LINE – The Ohio State Highway Patrol and the Michigan State Police are teaming up to sideline impaired driving during The Game on Saturday. There is definitely a rivalry between the two states when it comes to Big Ten football, but there is no rivalry when it comes to removing impaired drivers from our roadways.
In an effort to reduce fatal and injury crashes and to help keep the roadways safe this Saturday, troopers from both states will be cracking down on impaired drivers.
“The most effective way to keep this weekend safe on Ohio and Michigan roads is for all motorists to make safety-conscious decisions,” said Colonel Charles A. Jones, Ohio State Highway Patrol superintendent. “Regardless of whether you are rooting for the team in Scarlet and Gray, or Maize and Blue, the keys to safe driving, like so many things, can be a habit.
Simple practices like obeying posted speed limits, ensuring everyone is buckled up, and designating a driver can mean everyone can enjoy The Game safely and responsibly.”
Whether you are heading to Ann Arbor this weekend, or hosting a party, Fans Don’t Let Fans Drive Drunk. Make sure everyone has a safe and sober way to and from their destination, and do not serve alcohol to anyone under 21 years of age.
“Getting behind the wheel impaired is a choice and it’s the wrong one,” said Colonel James F. Grady II, director of the Michigan State Police. “Protect yourself and others on the road by avoiding distractions, wearing your seatbelt and only driving sober.”
No matter which team wins, you can be on the winning team by designating a sober driver.
Motorists are encouraged to dial #677 in Ohio or 911 in either state to report impaired drivers.
Willard Fire and Rescue Department Chief Joe Reiderman issued the following statement
On November 18, 2023, at 08:37, the Willard Fire and Rescue Department was dispatched for an electrocution. Further information advised that two people, approximately twenty feet off the ground, were trapped in the bucket of a JLG lift that was on fire.
Firefighters were able to extricate the patients from the bucket using ground ladders and a rope rescue system. The fire in the lift was extinguished as the rescue was taking place.
The incident location was at a Nursing Home Facility in the 300 Block of East Howard Street. Upon arrival, units found a JLG lift on fire with 2 victims trapped in the bucket.
The main fire was in the lower unit of the lift which was approximately 30 feet from the building. The boom was extended through the power lines and the bucket was approximately five feet from the roof.
The residents of the Nursing Home that were in the primary hazard area were moved to safe zones on the front side of the building. Fifty-three residents and twelve staff members of the Nursing Home were moved to a neighboring church until the hazard was mitigated.
One patient was flown from the scene to Mercy St. Vincents in Toledo. The other patient was transported by Willard Fire and Rescue to Mercy Health Willard and was later flown to Mercy St. Vincents in Toledo.
The State Fire Marshal’s Office was notified and has sent in an investigator to assist with the incident.
The Willard Fire and Rescue Department would like to offer our thoughts and prayers to the two patients and their families. We would like to thank the Willard Police Department, Huron County Sheriff’s Office, State Fire Marshal’s Office, Ohio Department of Health, Mercy Health Willard, Mercy Health Life Flight, for their assistance.
We would also like to thank American Electric Power (A.E.P.) for their quick response.
Reminds Fellow Hunters Gun Season Starts November 27th and Meat Can Be Donated to Those in Need
(MORROW COUNTY, Ohio)—Ohio Lt. Governor Jon Husted harvested an eight-point whitetail buck in Morrow County last week with a 10-point crossbow made right here in Ohio.
“I love crossbow hunting during the fall,” said Lt. Governor Husted. “The weather is mild, the trees are beautiful, the harvesting of crops is active, the aroma in the air is refreshing, and there is so much activity in the outdoors with the animals in the forest actively preparing for winter. It’s peaceful and wonderful.”
An avid hunter, this isn’t the Lt. Governor’s first harvest. He learned to hunt at a young age from his father, Jim, and harvested his first deer at the age of 14.
The Lt. Governor said the key to this bag was “patience.” The deer was taken to Trailside Custom Meats in Kenton, where they will process it into steaks, burgers, bologna, and deer sticks.
Second Lady Tina Husted shares the Lt. Governor’s excitement for the harvest. “Jon’s avid hunting has blessed our family over the years, filling our freezer with high-quality Ohio deer meat that will nourish our family in the winter months. I make a mean deer stew, and I’m looking forward to that first meal from this harvest.”
The Lt. Governor isn’t the only hunter in the family. Two years ago, his daughter, Katie, harvested a 12-point buck in Clark County.
One of Ohio’s most anticipated fall traditions begins soon during the annual white-tailed deer gun hunting seasons. Ohio’s youth hunting season is Saturday and Sunday, Nov. 18-19. Gun hunters of all ages can participate in the upcoming seven-day gun season from Monday, Nov. 27 through Sunday, Dec. 3. A bonus weekend of gun hunting will take place Dec. 16-17; muzzleloader season is Jan. 6-9, 2024. Ohio’s archery season runs through Sunday, Feb. 4, 2024. Legal hunting implements during the gun seasons include shotguns, straight-walled cartridge rifles, muzzleloaders, handguns, and archery equipment.
All hunters, regardless of the implement they use, are required to wear hunter orange during the gun seasons. Learn more by reading the 2023-24 hunting and trapping regulations and visiting the Ohio Department of Natural Resources (ODNR) Division of Wildlife’s hunting webpage.
Hunters who harvest a deer and would like to donate the venison through Farmers and Hunters Feeding the Hungry can bring it to one of 26 certified deer processing shops in Ohio. Each donated deer is provided to a verified charitable organization that offers food assistance. One harvested deer yields approximately 50 pounds of venison and 200 meals. Find the complete list of processors accepting donations of harvested deer at feedingthehungry.org. Hunters who donate their deer are not required to pay for the processing of the venison.
UPDATE #1: The Ohio State Highway Patrol continues to investigate this crash. The following information is being updated:
A commercial vehicle belonging to Wapakoneta-based G.A. Wintzer & Sons, driven by Brandon Marchal, 37, Wapakoneta, was struck during the crash. A passenger vehicle driven by Robert Wolverton, 75, Heath, was also struck. The bus belonging to Millersburg-based Pioneer Trails was operated by Donald Wagler, 65, Hartville. The commercial vehicle which caught fire belonged to Hebron-based Mid-State Systems and was driven by Jacob McDonald, 60, Zanesville.
All drivers received injuries as a result of the crash.
ETNA TOWNSHIP – The Granville Post of the Ohio State Highway Patrol is investigating a fatal crash involving a charter bus, two commercial vehicles and two passenger vehicles in Etna Township, Licking County. The crash occurred on Interstate 70 near state Route 310 at 8:52 a.m.
At this time, the investigation has revealed the vehicles were all traveling westbound on I-70 when the chain-reaction crash occurred. At least three of the vehicles subsequently caught fire as a result of the crash.
The charter bus was occupied by a driver and 54 students and chaperones from Tuscarawas Valley Local Schools.
Three of the passengers on the bus were pronounced deceased at the scene. The deceased were identified as John W. Mosely, 18, Mineral City, Jeffery D. Worrell, 18, Bolivar, and Katelyn N. Owens, 15, Mineral City. A total of 15 students and the bus driver were transported to area hospitals. The remaining students were taken to a reunification site.
One of the passenger vehicles was occupied by three individuals. All three were pronounced deceased at the scene. The deceased were identified as Dave Kennat, 56, Navarre, Kristy Gaynor, 39, Zoar, and Shannon Wigfield, 45, Bolivar.
Of the two commercial vehicles involved, one driver was transported to Ohio-Health Grant Medical Center with non-life-threatening injuries. The other was treated and released at the scene. The driver of the second passenger vehicle was also transported to an area hospital.
The crash remains under investigation. Anyone who witnessed the crash is asked to contact the Ohio State Highway Patrol at (614) 466-2660.
The Ohio State Highway Patrol was assisted by and would like to thank Licking County Sheriff Randy Thorp and Licking County deputies, Tuscarawas Sheriff Orvis Campbell and Tuscarawas County deputies, West Licking Fire Department and EMS, Licking County Coroner’s Office, Jae’s Towing, Ohio Department of Transportation, and multiple other agencies.
Joe Lyons •
December 7, 2023
Reminds Fellow Hunters Gun Season Starts November 27th and Meat Can Be Donated to Those in Need