The 1851 Center for Constitutional Law is a non-partisan public interest law firm that litigates on constitutional law in Ohio. It works on property rights, taxpayer and entrepreneur rights, regulation, health care, free speech, and parental rights. ¹

The 1851 Center is an associate member of the State Policy Network, a coalition of free-market state-level policy organizations. ²

Activity

The 1851 Center for Constitutional Law was founded as a subsidiary of the Buckeye Institute, with initial funding from the Sam Adams Alliance, and became an independent non-profit in 2010. ³ The 1851 Center is a non-partisan public interest law firm that litigates for Ohioans’ rights under the state and federal constitutions. Areas of litigation include property rights, taxpayer and entrepreneur rights, regulation, health care, free speech, and parental rights. ¹

In 2023, the 1851 Center challenged a policy by the City of Cleveland Heights that assessed higher property taxes on nonresidents who owned property in the jurisdiction. ⁴

In 2020, the 1851 Center was involved with several cases regarding pandemic regulations, calling Ohio’s ban on non-essential businesses, forced closures, and suspension of business licenses over masks unconstitutional. ⁵ The 1851 Center represented a restaurant owner, who faced criminal charges and up to 90 days in jail for “allowing sit down dining,” in violation of an order from the Ohio Director of Health. ⁶

In 2019, the 1851 Center represented a Columbus couple who were faced with jail time and penalties for landscaping their front yard. The Center claimed that the city’s zoning regulations interfere with private property rights, while the city claimed that the couple’s garden was “incompatible” with the neighborhood. ⁷

In 2014, the 1851 Center litigated against an increase in property taxes in the Indian Hill School District, claiming that such as increase without voter permission violated Ohio law. ⁸ In 2015, the 1851 Center represented property taxpayers in that same school district in a class action suit, claiming that property taxes had been illegally assessed and should be refunded. ⁹

In 2014, the 1851 Center represented a family against the state of Ohio, claiming that Akron Children’s Hospital intended to force a chemotherapy treatment on their daughter. The Center claimed that doing so not only violated the parents’ rights to take care of their child, but also their “fundamental right to refuse medical treatment,” which is emphasized by the Supreme Court and guaranteed by the Ohio Healthcare Freedom Amendment. ¹⁰

Funding

The 1851 Center receives donations from individuals, corporations, and foundations. Notable donations have come from organizations like Donors Capital Fund, which donated $90,000 between 2010 and 2011, ¹¹ Donors Trust, which donated $100,000 2010 and $10,000 in 2019, ¹² and the Charles Koch Institute, which donated $12,500 in 2014. ¹³

Leadership

Maurice Thompson founded the 1851 Center in 2008 and works as its executive director. Thompson has previously held positions with the National Taxpayers Union, the Sam Adams Foundation, and the Buckeye Institute. ¹⁴

Board of Directors

Board chair Bradley A. Smith sits on the board of trustees of the Buckeye Institute and on the board of scholars of the Mackinac Center for Public Policy, and works as a senior fellow at the Goldwater Institute. Smith formerly served as a commissioner on the Federal Election Commission and as a member of the advisory committee to the American Bar Association’s Standing Committee on Election Law. ¹⁴

Chris Finney works as general counsel for the Coalition Opposed to Additional Taxes and Spending (COAST) and formerly served as the chair of the Legal Redress Commission of the Cincinnati branch of the NAACP. ¹⁵

1. “Areas of Practice.” The 1851 Center for Constitutional Law, 2020. Accessed December 28, 2020.  https://ohioconstitution.org/#practice.
2. “The Network: Ohio.” State Policy Network, 2020. Accessed December 28, 2020. https://spn.org/directory/#OH.
3. Provance, Jim. “Lucas Co. native leads new breed of law writer.” Toledo Blade, January 2, 2012. Accessed January 4, 2021. https://www.toledoblade.com/Politics/2012/01/02/Area-native-leads-new-breed-of-law-writer-2.html.
4. “CLEVELAND HEIGHTS ATTACK ON OUTSIDE OWNERSHIP UNCONSTITUTIONAL.” 1851 Center for Constitutional Law, February 15, 2023. https://ohioconstitution.org/category/2023/.
5. “Our Cases.” The 1851 Center for Constitutional Law, 2020. Accessed January 4, 2021. https://ohioconstitution.org/our-cases/.
6. “1851 Fights 90 Days in Jail for ‘Disobedient’ Ohio Diner Owner.” The 1851 Center for Constitutional Law, May 27, 2020. Accessed January 4, 2021. https://ohioconstitution.org/1851-fights-90-days-in-jail-for-disobedient-ohio-diner-owner/.
7. “Columbus Historic District Fines Unconstitutional.” The 1851 Center for Constitutional Law, 2020. Accessed January 4, 2021. https://ohioconstitution.org/columbus-historic-district-fines-unconstitutional/.
8. “Ohio High Court Rebukes School District Tax Increase.” The 1851 Center for Constitutional Law, 2020. Accessed January 4, 2021. https://ohioconstitution.org/ohio-high-court-rebukes-school-district-tax-increase/.
9. “Ohio School District Forced to Return $5.5 Million in Illegal Taxes to Taxpayers.” The 1851 Center for Constitutional Law, 2020. Accessed January 4, 2021. https://ohioconstitution.org/ohio-school-district-forced-to-return-5-5-million-in-illegal-taxes-to-taxpayers/.
10. “State’s Forced Chemotherapy on Amish Child Violates Parental Rights, Health Care Freedom Amendment.” The 1851 Center for Constitutional Law, 2020. Accessed January 4, 2021. https://ohioconstitution.org/states-forced-chemotherapy-on-amish-child-violates-parental-rights-health-care-freedom-amendment/.
11. Donors Capital Fund, Return of Organization Exempt From Income Tax (Form 990), 2010-2011, Schedule I, Part II.
12. Donors Trust, Return of Organization Exempt From Income Tax (Form 990), 2010 and 2019, Schedule I, Part II.
13. Charles Koch Institute, Return of Organization Exempt From Income Tax (Form 990), 2014, Schedule I, Part II.
14. “About.” The 1851 Center for Constitutional Law, 2020. Accessed December 28, 2020. https://ohioconstitution.org/about-us/.
15. “Chistopher P. Finney.” Finney Law Firm, 2020. Accessed December 28, 2020. https://finneylawfirm.com/team/christopher-p-finney/.