Rittgers & Rittgers, Attorneys at Law
Get Your Consultation Today
513-932-2115

To protect your safety during the coronavirus (COVID-19) crisis, we offer telephone and video conferences, in place of face-to-face meetings. Please contact our office today to set up a remote consultation. For more information, read our blog post.

Staying Healthy Together: Making sense of Miami University's Pledge, the City of Oxford's mass gathering ordinance, and COVID regulations

Are gathering of more than 10 people allowed in at Miami University?

Maybe. Since the University released its Healthy Together Pledge (see my previous blog post here) in the summer of 2020, the City of Oxford has passed its own ordinance governing gatherings.

On August 18, 2020, the City of Oxford passed an emergency ordinance that prohibits "mass gatherings." The ordinance states that a "mass gathering" means "any social gathering, event or convening that brings together greater than ten non-household persons at the same time, to include both indoor and outdoor gatherings. The ordinance goes on to state that "non-household" means any individuals who do not reside within the same housing unit or dwelling. The ordinance goes on to list exceptions to the prohibition like schools, sporting events, grocery stores, restaurants, and other facilities where the mass gathering prohibition does not apply.

A violation of the ordinance is subject to a civil penalty of $500 for a first violation and $1000 for each subsequent violation.

In other words, there are places that having more than 10 people present is not a violation of the ordinance like the listed exceptions or households that have more than 10 residents. The ordinance's language is not clear on whether more than 10 people at a residential home is allowed if not more than 10 non-household members are present. For example, if a house has six residents, can they invite only four more visitors or more than ten total people if they do not invite more than ten visitors?

While the text of the statute is muddled, the announcement of the ordinance on the City of Oxford's web site makes a clear proclamation that the ordinance limits gatherings to 10 individuals (total)-unless a house already has more than 10 residents.

How is Miami University responding to mass gatherings?

Miami University's Healthy Together Pledge prohibits indoor gatherings but does allow for outdoor gatherings if social distancing and other health-related precautions can be taken. As noted in our previous blog, the Pledge states that the frequency and severity of violations of the Pledge would be considered by the University and that repeated violations could be punished by suspension or dismissal.

However, since the start of the school year the school's disciplinary offense has already adjudicated cases related to mass gatherings under its Endangering Health or Safety and Failure to Comply sections in its Code of Conduct. Students have been found responsible for violations and suspensions have been recommended.

A mass gathering in Oxford has more than a simple civil fine at stake. Even one violation of that ordinance could mean at least a semester long suspension.

If you receive a citation or notice of disciplinary proceedings and would like to speak with one of our experienced attorneys at Rittgers & Rittgers, please call 513-524-5000 for a free consultation.

No Comments

Leave a comment
Comment Information
  1. Distinguished AV | LexisNexis Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability
  2. Super Lawyers
  3. AVVO Rating 10.0 Superb
  4. Super Lawyers Rising Stars
  5. Million Dollar Advocates Forum
  6. Multi Million Dollar Advocates Forum
  7. The National Trial Lawyers | Top 100 Trial Lawyers
  8. The National Trial Lawyers | Top 40 Under 40

Get Your Consultation Today. Call 513-932-2115.

Rittgers & Rittgers answers its phones 24/7. Call us anytime to secure your consultation with one of our award-winning lawyers. You can rely on us for elite representation from our deliberately small, family-run law firm.

Rittgers & Rittgers, Attorneys at Law

Lebanon Office
12 East Warren Street
Lebanon, Ohio 45036

Phone: 513-932-2115
Fax: 513-934-2201
Map & Directions

West Chester Office
9078 Union Centre Blvd.
Suite 350
West Chester, OH 45069

Phone: 513-932-9949
West Chester Law Office

Cincinnati Office
3734 Eastern Avenue
Cincinnati, OH 45226

Phone: 513-932-7375
Map & Directions

Florence Office
7310 Turfway Road, Suite 550
Florence, KY 41042

Kentucky Law Office

Oxford Office
121 West High Street
Oxford, OH 45056

Phone: 513-524-5000
Fax: 513-524-5001
Map & Directions

Email Us Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us Today