Did Courts Find Amy Acton’s COVID Orders Were an Overreach?

Posted: August 25, 2026
Posted by: Ohio Policy Staff
Fact Check

Yes, in two important Ohio court rulings, judges found serious legal problems with COVID closure orders tied to Amy Acton’s statutory authority as Ohio Health Director. In the Rock House Fitness gym case, Judge Eugene Lucci issued a preliminary injunction. Judge Lucci criticized the orders as “arbitrary, unreasonable, and oppressive,” while finding that the Director lacked statutory authority to close all businesses deemed non-essential for two months. In a separate Kalahari case, Judge Roger Binette allowed the water park to reopen and criticized the concentration of authority in one unelected official. Other lawsuits were filed against Acton and Ohio officials, but some were dismissed or withdrawn, so they should be treated as evidence of backlash, not as additional court findings.

Concurrently, Ohio legislators introduced two bills to limit her authority as Director of Health:

  • Senate Bill 311 (introduced May 2020) prohibited broad statewide quarantines without diagnosis/exposure and allowed legislative rescission of orders. 
  • House Bill 618 (introduced May 2020) required General Assembly approval for “draconian” shutdowns while protecting elections.

While neither became law, both bills reflected the widespread outrage over Acton’s unilateral directives that devastated Ohio’s economy and liberties.

Who Was Affected: The Reach of Acton’s COVID Orders

Before getting into the legal record, it’s worth noting how broadly these orders reached into daily life. Several groups ended up on the other side of Acton’s authority as Ohio Health Director, in ways that are documented elsewhere on this page:

  • Gym owners and members: Independent gyms and fitness centers were ordered closed as non-essential businesses, leading 35 of them to sue in Rock House Fitness Inc. v. Acton.
  • Business owners: The Director’s Stay at Home Order (issued March 22, 2020, and renewed April 2, 2020 as the Amended Director’s Stay at Home Order) required non-essential businesses and operations to cease, defining “essential” across three pages and 25 paragraphs of exceptions.
  • Water parks and amusement venues: Kalahari Resorts’ Sandusky water park was ordered closed through July 1, 2020, leading to the Kalahari ruling.
  • Voters: In-person voting for the March 17, 2020 presidential primary was halted by Acton’s Order on Closure of Polling Locations, issued after a court had just declined to postpone the election through the legal process. The order was implemented statewide through Ohio Secretary of State Directive 2020-06, formally titled “Order from Director of Health Dr. Amy Acton Closing Polls for the March 17, 2020 Presidential Primary Election.”
  • Ohioans attending public gatherings: Gatherings above a set size were banned under the Order to Limit and/or Prohibit Mass Gatherings in the State of Ohio — restrictions that later drew protesters to the Statehouse and to Acton’s own home.
  • Families and individuals: The Director’s Stay-at-Home Order restricted people to their residences unless engaged in Essential Activities, Essential Governmental Functions, or Essential Businesses and Operations as defined in the order.

What Courts Actually Found

These two rulings are the strongest, affirmative legal record on Amy Acton’s COVID orders. Each is a real trial-court decision, not a filed complaint that was later dismissed.

Case Judge / Court / Date What the Court Did Context Source Source URL
Rock House Fitness Inc. v. Acton Judge Eugene Lucci, Lake County Court of Common Pleas, May 2020 Issued a preliminary injunction blocking penalties against gyms and fitness centers that reopened while following applicable safety regulations. The order was described as “arbitrary, unreasonable, and oppressive,” and the court found the Director lacked statutory authority to close all businesses deemed non-essential, without procedural safeguards. This is the strongest example of overreach, but it was a preliminary injunction tied to enforcement of gym/business closures, not a final ruling on every COVID order. The state appealed, but with gyms already allowed to reopen, a court of appeals later dismissed the case as moot. 1851 Center; News 5 Cleveland; Case No. 20CV000631 (Lake Co., OH)

Cincinnati Inquirer via Beacon Journal (05/05/20)
https://1851center.org/ohio-court-forced-closure-of-gyms-unconstitutional/
https://www.news5cleveland.com/news/continuing-coverage/coronavirus/lake-county-judge-issues-preliminary-injunction-against-ohio-dept-of-health-for-keeping-gyms-closed
https://phoenix.lakecountyohio.gov/eservices/home.page.2
https://www.beaconjournal.com/story/news/politics/2020/05/20/unreasonable-oppressive/1172545007/
Kalahari Resorts (Erie County water park case) Judge Roger Binette, Erie County Court of Common Pleas, June 2020 Allowed Kalahari’s Sandusky water park to reopen despite state closure restrictions, criticizing the “unbridled and unfettered consolidation of authority” in a single unelected official and raising due-process and separation-of-powers concerns. Second court ruling against a business-closure order. Reason — Another Judge Rules That Ohio’s COVID-19 Lockdown Is Illegal https://reason.com/2020/06/12/another-judge-rules-that-ohios-covid-19-lockdown-is-illegal/

Other Lawsuits Filed (Context Only)

Several other lawsuits challenged Acton’s COVID orders but did not produce the same affirmative court rulings. They are included here as evidence of broader legal backlash, not as additional court wins.

Case What Was Alleged Status / Caveat Source Source URL
Renz v. State of Ohio Ohio residents challenged broad COVID emergency actions and sought an injunction against all state COVID orders. Voluntarily dismissed without prejudice in March 2021. Do not present as a court ruling against Acton. CourtListener — Federal docket, N.D. Ohio, Case No. 3:20-cv-01948 https://www.courtlistener.com/docket/18195996/renz-v-state-of-ohio/
Pengov v. Acton Challenged polling-place closures, stay-home orders, quarantine orders, and business closures as violations of the U.S. and Ohio Constitutions. Filed pro se May 11, 2020; the plaintiff dismissed all claims in August 2020. Do not present as a court ruling against Acton. Franklin County Court of Common Pleas, Case No. 20-CV-003144 (search the portal by case number) https://fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/
Bojicic v. DeWine / Acton Dance studio owners challenged non-essential-business designations, closure orders, and related rules as unconstitutional takings and violations of equal protection and due process. Dismissed for failure to state a claim; the Sixth Circuit affirmed the dismissal on August 22, 2022. Do not present as a plaintiff win. Justia — Erica Bojicic v. Richard DeWine, No. 21-4123 (6th Cir. Aug. 22, 2022) https://law.justia.com/cases/federal/appellate-courts/ca6/21-4123/21-4123-2022-08-22.html

Full Case Reference Table: All Court Cases

A single reference table covering every court case named on this page — what was filed, what the court actually said (where a court reached the merits), and how each case was ultimately resolved. Use this table to distinguish the two affirmative rulings from the three cases that were dismissed without a substantive ruling against Acton.

Case Court / Date Filed Complaint (What Was Alleged) Opinion / Ruling Findings & Disposition Source URL
Rock House Fitness Inc. v. Acton Lake County Court of Common Pleas; filed May 8, 2020 35 independent gyms and fitness centers alleged that Acton’s closure orders were arbitrary and violated separation of powers, due process, and equal protection; they sought injunctive relief against enforcement. Judge Eugene Lucci ruled (May 20, 2020) that the Director lacked statutory authority to close all non-essential businesses for two months without procedural safeguards, calling the order “arbitrary, unreasonable, and oppressive.” Preliminary injunction granted, blocking penalties against gyms that reopened while following safety rules. The state appealed; the case was later dismissed as moot after gyms were allowed to reopen. Not a final ruling on the merits. https://1851center.org/ohio-court-forced-closure-of-gyms-unconstitutional/
https://phoenix.lakecountyohio.gov/eservices/home.page.2
https://www.beaconjournal.com/story/news/politics/2020/05/20/unreasonable-oppressive/1172545007/
Kalahari Resorts (Erie County water park case) Erie County Court of Common Pleas; filed June 2020 Kalahari Resorts alleged that Acton’s order kept its Sandusky water park closed through July 1, 2020, without authority and unfairly singled out amusement and water parks. Judge Roger Binette ruled (June 12, 2020) that Acton’s order reflected an “unbridled and unfettered consolidation of authority” in one unelected official, raising due-process and separation-of-powers concerns. Binette noted the ruling applied only to Kalahari. Preliminary injunction granted, allowing the water park to reopen. Did not set a statewide precedent or invalidate other Acton orders. https://reason.com/2020/06/12/another-judge-rules-that-ohios-covid-19-lockdown-is-illegal/
Renz v. State of Ohio U.S. District Court, N.D. Ohio; filed Sept. 1, 2020 Michael Renz and eight other Ohio residents alleged the state, Acton, and DeWine violated the U.S. Constitution through 2020 COVID orders; they sought a preliminary injunction against all state COVID orders. No court opinion reached the merits. Plaintiffs voluntarily dismissed the case without prejudice in March 2021. No ruling against Acton. https://www.courtlistener.com/docket/18195996/renz-v-state-of-ohio/
Pengov v. Acton Franklin County Court of Common Pleas, Case No. 20-CV-003144; filed pro se May 11, 2020 James Pengov Jr. alleged that Acton and DeWine violated the U.S. and Ohio Constitutions through polling-place closures, the stay-home order, quarantine orders, and business closures; Pengov sought declaratory and injunctive relief. Defendants filed a memorandum in opposition (June 2020) arguing the claims were moot and unproven; no court opinion reached the merits. Plaintiff dismissed all claims in August 2020. No ruling against Acton. https://fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/
Bojicic v. DeWine / Acton U.S. District Court, N.D. Ohio; filed March 19, 2021 (Case No. 3:21-cv-00630) Erica Bojicic and 14 other dance studio owners alleged that the state’s nonessential-business designations, closure orders, and mask mandates were unconstitutional takings and violated due process and equal protection. The district court dismissed for failure to state a claim. On appeal, the Sixth Circuit (Aug. 22, 2022) held that plaintiffs lacked standing against all defendants except Acton, that the due-process and equal-protection claims failed under rational-basis review, and that the takings claim failed under the Penn Central test. Dismissed with prejudice; dismissal affirmed on appeal. Not a plaintiff win. https://law.justia.com/cases/federal/appellate-courts/ca6/21-4123/21-4123-2022-08-22.html
Brockman v. LaRose Franklin County Court of Common Pleas, Case No. 20-CV-2105; filed March 16, 2020 Two Ohio voters over 65, backed by Gov. DeWine and Secretary of State LaRose, sought a TRO and preliminary injunction to postpone the March 17, 2020 primary to June 2, 2020, citing COVID-19 exposure risk to voters’ First and Fourteenth Amendment rights. Judge Richard Frye denied the TRO the evening of March 16, 2020, ruling it was not the judiciary’s role to “take it away from the legislature and the elected statewide officials and throw it to a common pleas court judge in Columbus with 12 hours to go until the election.” TRO denied. Hours later, Acton issued a separate health order closing the polls anyway, achieving a postponement outside the court process. Plaintiffs’ appeal was later dropped as moot; case dismissed April 1–4, 2020. https://ohiocapitaljournal.com/2020/03/16/dewine-seeks-to-push-back-ohio-primary-election-to-june/
https://www.cbsnews.com/news/mike-dewine-ohio-governor-delay-in-person-primary-voting-coronavirus-concerns
https://sanduskyregister.com/news/177295/governor-dewine-calls-off-election-overriding-judge/
State ex rel. Speweik v. Wood Cty. Bd. of Elections Ohio Supreme Court; decided March 17, 2020 A candidate for Wood County Common Pleas judge sought a writ of mandamus to force election boards and the Secretary of State to hold the primary on March 17, 2020 as originally scheduled, despite Acton’s closure order. The Ohio Supreme Court declined to grant the writ without issuing a full opinion. Three of seven justices, including the Governor’s son, Justice Pat DeWine, did not participate. Writ denied; Acton’s closure order remained in effect. The Court did not rule on whether the closure itself was lawful — only that it would not order the election to proceed. https://www.foxnews.com/politics/ohio-supreme-court-governor-to-postpone-tuesday-election

Legal and Legislative Timeline

Date Event Why It Matters Source Source URL
March 2020 Ohio issued broad COVID orders affecting businesses, gatherings, schools, nursing homes, polling places, and movement. It sets the context for why litigation and legislative backlash developed. WOSU — Coronavirus Orders Issued by Ohio https://www.wosu.org/wksu-stories/2020-04-29/coronavirus-orders-issued-by-ohio
May 2020 35 independent gyms sued Acton in her official capacity over closure orders. Introduces the strongest overreach court-ruling lane. 1851 Center — Forced Closure of Gyms Unconstitutional https://1851center.org/ohio-court-forced-closure-of-gyms-unconstitutional/
May 20, 2020 Judge Eugene Lucci issued a preliminary injunction barring penalties against gyms and fitness centers (Case No. 20CV000631, Lake Co., OH). Primary ruling. Uses the exact “arbitrary, unreasonable, and oppressive” language. 1851 Center; News 5 Cleveland https://1851center.org/ohio-court-forced-closure-of-gyms-unconstitutional/
May 2020 Ohio lawmakers introduced Senate Bill 311 and House Bill 618 to limit the health director's emergency powers. Ruling shows court pushback was paired with legislative backlash. Ohio Legislature — SB 311 / HB 618 https://www.legislature.ohio.gov/legislation/133/sb311
June 12, 2020 Judge Roger Binette allowed Kalahari to reopen and criticized the consolidation of authority. Second court-ruling lane. Use as a separate proof point. Reason — Another Judge Rules That Ohio's COVID-19 Lockdown Is Illegal https://reason.com/2020/06/12/another-judge-rules-that-ohios-covid-19-lockdown-is-illegal/
2020–2022 Renz was voluntarily dismissed (March 2021); Pengov's claims were dismissed by the plaintiff in August 2020 (Franklin County C.P., Case No. 20-CV-003144); Bojicic was dismissed, and the dismissal was affirmed by the Sixth Circuit (August 22, 2022). Keeps the page credible by separating actual rulings from dismissed allegations. CourtListener; Justia https://www.courtlistener.com/docket/18195996/renz-v-state-of-ohio/
December 3, 2020 Gov. Mike DeWine vetoed Senate Bill 311 after it passed both the Ohio Senate and House. Shows the legislative effort to limit emergency health powers advanced but did not become law. Ohio Capital Journal — DeWine vetoes anti-health department bill https://ohiocapitaljournal.com/2020/12/03/dewine-vetoes-anti-health-department-bill-lawmakers-double-down/
December 17, 2020 A Senate/House veto-override attempt on SB 311 was rendered moot by GOP absences (COVID-19 exposure); the same day, the House passed Senate Bill 375 targeting ODH's county-fair order. Shows the override effort actually reached the floor and failed on attendance, not on the merits; shows a second, related bill advancing the same day. Crain's Cleveland Business; LegiScan https://www.crainscleveland.com/government/statehouse-votes-bills-well-night-senate-lame-duck-session-extends-friday
January 11, 2021 Gov. Mike DeWine vetoed Senate Bill 375, which reporting described as the third bill he had vetoed targeting ODH's pandemic authority. Shows the legislative pushback against the health department's pandemic authority continued past Acton's tenure. Ohio Capital Journal — DeWine vetoes bill removing county fair restrictions https://ohiocapitaljournal.com/2021/01/13/dewine-vetoes-bill-removing-ohio-county-fair-restrictions/

Election Closure Sequence: Amy Acton's Attempt to Postpone Ohio's 2020 Primary

Yes — after a court rejected a bid to postpone Ohio's March 17, 2020 presidential primary, Amy Acton used her authority as Ohio Health Director to shut down in-person voting anyway, achieving through an executive health order what the courts had just declined to authorize through the legal process.

On March 16, 2020, Governor Mike DeWine and Secretary of State Frank LaRose backed a lawsuit, Brockman v. LaRose, asking a Franklin County judge to postpone the next day's presidential primary from March 17 to June 2 because of COVID-19. Judge Richard Frye denied the request that evening, saying it was not the judiciary's place to “take it away from the legislature and the elected statewide officials and throw it to a common pleas court judge in Columbus with 12 hours to go until the election.”

Only after that lawsuit failed did DeWine announce that Acton would separately declare a public-health emergency and issue the Order on Closure of Polling Locations — implemented through Ohio Secretary of State Directive 2020-06 — halting in-person voting on the date it was scheduled to occur and, in practice, postponing the primary after a judge had just refused to move it. The order cited Acton's authority under Ohio Revised Code 3701.13 to “make special orders … for preventing the spread of contagious or infectious diseases,” and stated the closure was necessary “to avoid the imminent threat with a high probability of widespread exposure to COVID-19.” The next morning, March 17, the Ohio Supreme Court declined — without issuing an opinion — a separate, last-minute request (State ex rel. Speweik v. Wood Cty. Bd. of Elections) to force the election to proceed as scheduled, leaving the closure in place.

The sequence drew bipartisan criticism for bypassing judicial review rather than appealing it. Ronald Klain, a Biden campaign adviser who had coordinated the Obama administration's Ebola response, said on CNN he was “a little worried that this was done in defiance of a court order and that the state didn't pursue this through the courts as it should have.” Poll workers in some counties said they learned of the closure through confusion and word of mouth rather than official notice.

Note: the courts did not rule on the lawfulness of the closure order itself — Judge Frye's ruling addressed only the postponement lawsuit, which came before that order existed. The Ohio Supreme Court declined to weigh in the next morning. The order was announced as a joint decision with Governor DeWine, not as Acton acting alone. The court record shows that a postponement lawsuit was rejected, followed by an executive health order issued in Acton's name that achieved the same practical result without returning to court. Acton herself has since described the closure as a joint call reached with DeWine's legal team under time pressure, noting that, as ODH Director, she held the only legal signature authority for this kind of order and was personally involved in drafting it, in an October 2023 lecture at Case Western Reserve University School of Law.

Current dispute: this sequence is an active subject of fact-checking in Ohio's 2026 gubernatorial race, in which Acton is the Democratic nominee. An April 2026 campaign ad from Republican nominee Vivek Ramaswamy and running mate Rob McColley said Acton “called off Ohio's election at the last minute, defying a judge's orders and abusing her power.” Governor Mike DeWine — who endorsed Ramaswamy — publicly disputed that framing, telling NBC4: “I told her to issue the health order. The decision was mine.” PolitiFact rated the ad's claim misleading for the same reason in a May 2026 fact-check. Notably, this distinction was made contemporaneously, not just in hindsight: on the Ohio Senate floor on March 25, 2020, then-Senator Matt Huffman (R) said, “The election of March 17 was not canceled … What happened was the director of health decided to close the polling places on March 17.” Secretary of State LaRose's own directive at the time described it as “Ohio Governor Mike DeWine's and Ohio Director of Health Dr. Amy Acton's order.” The underlying sequence of events above is not in dispute; rather, who bears responsibility for the decision and whether “closing the polls” and “canceling the election” are the same thing, is in dispute.

Public Backlash and Protests

Backlash to Acton's COVID orders extended beyond the courtroom. In April 2020, protesters gathered outside the Ohio Statehouse during Acton and Governor Mike DeWine's daily briefings, chanting “O-H-I-O, Acton's got to go.” In May 2020, protesters also gathered outside Acton's home to voice opposition to the state's stay-at-home order, after which Acton was assigned a security detail. That public backlash coincided with the legislative efforts to limit her emergency powers described below.

Legislative Response: Efforts to Limit Amy Acton's Emergency Health Powers

Ohio lawmakers introduced multiple bills to limit or revise the authority of the Health Director, the Department of Health, and the Governor to issue broad health orders during contagious-disease emergencies. The efforts described below span Acton's tenure and its immediate aftermath. All three bills were either vetoed or failed to advance, and Governor Mike DeWine vetoed three separate bills targeting the Ohio Department of Health's pandemic authority between December 2020 and January 2021 — a pattern of repeated legislative pushback against the office that Acton had led.

Bill What Happened Source Source URL
Senate Bill 311 Would have limited the Health Director's authority to issue broad quarantine, isolation, and stay-at-home orders and would have allowed the legislature to rescind health orders by concurrent resolution. Passed the Ohio Senate 20-13 (September 23, 2020) and the Ohio House 58-32 (November 19, 2020) on largely party-line votes. Governor Mike DeWine vetoed it on December 3, 2020. The House and Senate attempted a veto-override vote on December 17, 2020. Still, the attempt was rendered moot when several Republican legislators were absent due to COVID-19 exposure, leaving too few members on the floor to override. The General Assembly's session ended before another override attempt could be scheduled, so the bill did not become law. Ohio Legislature; LegiScan; Crain's Cleveland Business https://www.legislature.ohio.gov/legislation/133/sb311
https://legiscan.com/OH/bill/SB311/2019
https://www.crainscleveland.com/government/statehouse-votes-bills-well-night-senate-lame-duck-session-extends-friday
House Bill 618 Would have limited the authority of the Governor and the Department of Health to issue orders regarding contagious or infectious diseases, requiring General Assembly approval for broad shutdown orders. Introduced in May 2020 and referred to the House State and Local Government Committee; it did not advance to a floor vote and did not become law. Ohio Legislature — House Bill 618 https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-618
Senate Bill 375 Would have voided the Ohio Department of Health's July 30, 2020 order limiting county fairs to Junior Fair activities only, and created an Agricultural Society Working Group to set 2021 fair guidelines. That specific order was issued after Acton's June 2020 resignation, but the bill was part of the same broader legislative effort to curb the health department's pandemic authority. Passed the Ohio Senate 24-8 (November 18, 2020) and the Ohio House 54-30 (December 17, 2020) on party-line votes. Governor Mike DeWine vetoed it on January 11, 2021 — by his own account, the third bill he had vetoed for curbing ODH's pandemic authority — and it did not become law. LegiScan; Ohio Capital Journal; Farm and Dairy https://legiscan.com/OH/bill/SB375/2019
https://ohiocapitaljournal.com/2021/01/13/dewine-vetoes-bill-removing-ohio-county-fair-restrictions/
https://www.farmanddairy.com/news/dewine-vetoes-bill-to-reopen-fairs/646075.html

Frequently Asked Questions

Amy Acton's tenure as Ohio Department of Health Director drew intense backlash from businesses, citizens, and lawmakers, resulting in multiple lawsuits and legislative efforts to curb her authority. In May 2020, 35 independent gyms sued Acton in Lake County (Rock House Fitness Inc. v. Acton), alleging her closure orders were arbitrary and violated separation of powers, due process, and equal protection; a judge granted a preliminary injunction barring penalties for reopening gyms, a rare courtroom defeat that fueled criticism before the case was voluntarily dismissed as restrictions eased. 

Other suits included the 2021 Erica Bojicic dance studios federal case, which accused Acton and officials of unconstitutional takings through non-essential designations and masking rules. The 2020 Renz residents' federal challenge seeking to block all COVID orders, and the 2020 James Pengov suit over election changes and quarantines.

Two Ohio court rulings found serious problems with specific COVID closure orders tied to Acton's authority. Judge Eugene Lucci criticized the enforcement of gym closures as arbitrary, unreasonable, and oppressive, and Judge Roger Binette separately criticized the concentration of authority in the Kalahari case. Other lawsuits were dismissed or withdrawn, so the answer should not claim that every case succeeded.

In the Rock House Fitness case, Judge Lucci issued a preliminary injunction preventing penalties against gyms and fitness centers for reopening if they followed safety rules. The ruling criticized the order's statutory authority and procedural safeguards. The state appealed, but a court of appeals later dismissed the case as moot after gyms were allowed to reopen.

In the Kalahari matter, Judge Roger Binette allowed the water park to reopen and criticized the concentration of closure authority in one unelected official, raising separation-of-powers and due process concerns. Binette noted the ruling applied only to Kalahari and did not set statewide precedent.

No. Some lawsuits were dismissed or withdrawn, or did not result in affirmative rulings against Acton. Renz, Pengov, and Bojicic should be used as evidence of backlash and legal challenges, not as court wins.

Yes, repeatedly. Ohio lawmakers introduced Senate Bill 311 and House Bill 618 in May 2020 to limit the authority of the Health Director, the Department of Health, or the Governor to issue broad health orders during contagious-disease emergencies. SB 311 passed both chambers on largely party-line votes (Senate 20-13, House 58-32) but was vetoed by Governor DeWine on December 3, 2020; a veto-override attempt on December 17, 2020 failed when too many Republican legislators were absent due to COVID-19 exposure. HB 618 did not advance past committee. A related bill, Senate Bill 375, targeting the health department's pandemic authority over county fairs, passed both chambers in November and December 2020 but was also vetoed on January 11, 2021.

Yes. After a Franklin County judge (Richard Frye) denied a DeWine- and LaRose-backed lawsuit, Brockman v. LaRose, seeking to postpone the March 17, 2020 primary to June 2, Acton issued the Order on Closure of Polling Locations, declaring a public-health emergency and closing the polls — an action that halted in-person voting on the scheduled date, achieving in practice the postponement a court had just refused to authorize. The order cited Acton’s authority under Ohio Revised Code 3701.13 to “make special orders … for preventing the spread of contagious or infectious diseases.” It was announced jointly with Governor DeWine, not as Acton acting alone — a point DeWine himself has since stressed publicly, telling NBC4 in 2026, “The decision was mine,” amid a 2026 gubernatorial campaign dispute over the same claim.

The order, the timing, and the R.C. 3701.13 citation are not disputed; where responsibility for the decision falls is.

Not directly. Judge Richard Frye's March 16, 2020, ruling addressed a separate lawsuit, Brockman v. LaRose, that sought a court order postponing the election — and that ruling came before Acton’s health order existed. The next morning, the Ohio Supreme Court declined, without opinion, a request in State ex rel. Speweik v. Wood Cty. Bd. of Elections to force the election to proceed despite Acton’s closure order. No court ruled on whether the closure order itself was lawful; it was never appealed back into court after the postponement lawsuit failed.

Yes. In April 2020, protesters gathered outside the Ohio Statehouse during Acton and Governor DeWine's daily briefings, chanting “O-H-I-O, Acton's got to go.” In May 2020, protesters gathered outside Acton's home to voice opposition to the state's stay-at-home order, after which Acton was assigned a security detail. That public backlash ran alongside the court rulings and legislative efforts described elsewhere on this page, and reflects a broader pattern of institutional and public pushback against her authority as Ohio Health Director.

Sources & Evidence

Claim Supported Evidence to Include Source URL Source Type Date / Status Why It Matters
Courts pushed back on Acton's COVID closure authority. Rock House Fitness and Kalahari rulings; quote short court language where available. https://1851center.org/ohio-court-forced-closure-of-gyms-unconstitutional/
https://reason.com/2020/06/12/another-judge-rules-that-ohios-covid-19-lockdown-is-illegal/
Court-ruling summary / legal coverage May–June 2020 Authority-layer support for overreach/backlash claims.
The Rock House Fitness ruling was a preliminary injunction, not a final, statewide ruling. The state appealed; the case was later dismissed as moot after gyms were allowed to reopen. https://1851center.org/ohio-court-forced-closure-of-gyms-unconstitutional/ Court-ruling summary / legal coverage 2020–2021 Keeps the overreach caveat accurate and prevents overstating the ruling's scope.
Renz v. State of Ohio was a filed challenge, not a court ruling against Acton. Federal docket showing voluntary dismissal without prejudice, March 2021. https://www.courtlistener.com/docket/18195996/renz-v-state-of-ohio/ Federal court docket 2020–2021 Separates dismissed allegations from the two affirmative rulings.
Pengov v. Acton was a filed pro se challenge, not a court ruling against Acton. Franklin County Court of Common Pleas record (Case No. 20-CV-003144) showing the plaintiff dismissed all claims in August 2020. https://fcdcfcjs.co.franklin.oh.us/CaseInformationOnline/ Primary court record May–Aug. 2020 Gives Pengov a real, searchable public case number instead of citing only the internal dossier.
Bojicic v. DeWine/Acton was dismissed, and the dismissal was affirmed on appeal. Sixth Circuit opinion affirming dismissal for failure to state a claim. https://law.justia.com/cases/federal/appellate-courts/ca6/21-4123/21-4123-2022-08-22.html Federal appellate opinion Aug. 22, 2022 Confirms this case should be framed as backlash, not a plaintiff win.
Ohio lawmakers moved to limit the health director's emergency powers. SB 311 and HB 618 legislative pages. https://www.legislature.ohio.gov/legislation/133/sb311
https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-618
Official legislation record 2020 Shows legislative backlash and post-order institutional response.
SB 311 passed both chambers on party-line votes (Senate 20-13, House 58-32) but was vetoed, and a Dec. 17, 2020 override attempt failed on attendance. Vote tallies and reporting on Gov. DeWine's December 3, 2020 veto and the failed December 17, 2020 override attempt. https://legiscan.com/OH/bill/SB311/2019
https://www.crainscleveland.com/government/statehouse-votes-bills-well-night-senate-lame-duck-session-extends-friday
Legislative vote record; news report Sept.–Dec. 2020 Confirms SB 311 did not become law and shows the override attempt failed on attendance, not the merits.
A related bill, SB 375, targeting ODH's pandemic authority over county fairs, was also vetoed. SB 375 passed both chambers in Nov.–Dec. 2020 and was vetoed by Gov. DeWine on Jan. 11, 2021. https://legiscan.com/OH/bill/SB375/2019
https://ohiocapitaljournal.com/2021/01/13/dewine-vetoes-bill-removing-ohio-county-fair-restrictions/
Legislative vote record; news report Nov. 2020–Jan. 2021 Shows a pattern of repeated legislative pushback against ODH's pandemic authority beyond SB 311 alone.
A court rejected a postponement lawsuit before Acton's election-closure order was issued. Franklin County Judge Richard Frye denied the TRO in Brockman v. LaRose on March 16, 2020; Acton's order followed hours later. https://ohiocapitaljournal.com/2020/03/16/dewine-seeks-to-push-back-ohio-primary-election-to-june/
https://www.cbsnews.com/news/mike-dewine-ohio-governor-delay-in-person-primary-voting-coronavirus-concerns
News report; court record March 16, 2020 Establishes the correct sequence: the court ruling came before Acton's order, not after.
The Ohio Supreme Court declined to force the election to proceed after Acton's closure order. The Court denied a writ of mandamus in State ex rel. Speweik v. Wood Cty. Bd. of Elections without opinion, March 17, 2020. https://www.foxnews.com/politics/ohio-supreme-court-governor-to-postpone-tuesday-election News report March 17, 2020 Shows the closure was never affirmatively upheld or struck down on the merits — only left in place by a procedural denial.
Whether Acton or DeWine bears responsibility for the 2020 election closure is an active, fact-checked dispute in the 2026 governor's race. A 2026 Ramaswamy-McColley ad blamed Acton; DeWine publicly said the decision was his; PolitiFact rated the ad's claim misleading. https://www.nbc4i.com/news/your-local-election-hq/gov-dewine-says-ramaswamy-ad-claiming-acton-closed-polls-in-2020-is-inaccurate/
https://www.politifact.com/factchecks/2026/may/13/vivek-ramaswamy/Amy-Acton-Ohio-2020-covid-primary-senate/
News report; fact-check April–May 2026 Keeps this page accurate about an actively contested claim rather than presenting one side as a settled fact.
Contemporaneous 2020 statements distinguished “closing the polls” from “canceling the election.” Then-Sen. Matt Huffman (R) made this distinction on the Senate floor March 25, 2020; LaRose's directive described the order as issued jointly by DeWine and Acton. https://www.statenews.org/government-politics/2026-04-21/ohio-governor-race-ramaswamys-anti-acton-ad-leaves-out-details-about-march-2020-primary News report; legislative record March 25, 2020 (reported April 21, 2026) Shows the joint-decision framing isn't a modern spin — Republicans made the same distinction in real time.
Acton has publicly described the election closure as a joint decision reached under time pressure with DeWine's legal team. In an October 2023 lecture, Acton said she held the sole legal authority to sign the order and was personally involved in drafting it. https://www.youtube.com/live/rXLY7nz_zf4 Primary source (recorded lecture) Recorded Oct. 5, 2023 A first-person account consistent with the joint-decision framing supports her legal authority, not a claim that she initiated the closure alone.
The election-closure sequence drew bipartisan criticism for bypassing judicial review. Ronald Klain, a Biden campaign adviser, said on CNN he was concerned the closure was “done in defiance of a court order.” https://www.washingtontimes.com/news/2020/mar/17/ronald-klain-joe-bidens-campaign-adviser-questions/ News report March 17–18, 2020 Shows the criticism was not purely partisan — it came from a Democratic operative, adding credibility.
Public backlash included protests at the Statehouse and outside Acton's home. April 2020 Statehouse protest chants during daily briefings; May 2020 protests outside Acton's home. https://www.nbc4i.com/community/health/coronavirus/dewine-acton-address-protestors-heard-shouting-during-thursday-coronavirus-update/
https://www.nbcnews.com/news/amp/ncna1230336
News report April–May 2020 Shows backlash extended beyond legal and legislative channels into public protest.
The Rock House Fitness order itself, not just secondary reporting, is available for review. Case No. 20CV000631, Lake County Court of Common Pleas — Order Granting Preliminary Injunction, May 20, 2020. https://phoenix.lakecountyohio.gov/eservices/home.page.2
https://www.scribd.com/document/462312598/20CV000631-Rock-House-Fitness-Inc-v-Amy-Acton-Director-ODOH-Order-Granting-Preliminary-Injunction
Primary court record May 20, 2020 Lets readers verify the ruling directly rather than relying only on secondary summaries.

Social Post

Two Ohio judges pushed back on COVID closure orders tied to Amy Acton's authority. The court record matters: gyms, Kalahari, emergency powers, and the question of how far one unelected health official could go.