Retailers File Amended Complaint

June 26, 2008.

Scott A. Ciolek of Ciolek & Wicklund has filed an Amended Complaint against the City of Toledo on behalf of the Midwest Retailers Association and 10 individual Plaintiffs. The Amended Complaint alleges additional Constitutional violations including violations of Equal Protection, Due Process, the Dormant Commerce Clause, and the Privileges and Immunities Clause.


Download a copy of the Amended Complaint Here.

June 25, Toledo Blade

Read Toledo Blade article Judge Delays Law on Licensing Toledo Carry-outs.

June 24, Toledo Blade

Read Toledo Blade article Judge Grants Temporary Order Halting Toledo’s Convenience Store Licensing Law.

TOLEDO, Ohio: On Tuesday, June 24th, at 8:30 am, in the United States District Court, the Midwest Retailers Association will present its argument against the City of Toledo at a hearing for injunctive relief in the convenience store ordinance case. This hearing is a critical step forward for the Midwest Retailers Association as small business owners seek to prevent enforcement of the City’s unconstitutional ordinance. Among the issues that will be debated is the constitutionality of the City’s surveillance video requirements.

The Honorable Chief Judge, James G. Carr, will preside over tomorrow’s hearing. Chief Judge Carr is the preeminent jurist in the United States in matters concerning the Fourth Amendment and electronic surveillance issues. Scott A. Ciolek, of Ciolek & Wicklund Law Offices, is the attorney of record for the Midwest Retailers Association.

CIolek & Wicklund File Reply on Motion for Preliminary Injunction

On Monday, June 16, 2008, Ciolek & Wicklund filed a reply in the case Midwest Retailers Association v. City of Toledo. Download a copy here.

This REPLY reasserts the overall vagueness of the statute and illuminates a number of other issues.

Moreover, Scott Ciolek has requested a hearing in federal court. If Chief Judge Carr grants the request, the hearing will likely be scheduled for Tuesday, June 24 2008 at 8:30am.

Channel 11 WTOL

Scott Ciolek discusses how this ordinance applies to more businesses than just convenience stores. (watch video).

City of Toledo Answer

Read the City of Toledo's opposition to the Midwest Retailers Association's motion for preliminary injunction here (.pdf).

Also see the exhibit here (.pdf).