U.S. District Court Judge James Carr has granted a motion for the payment of attorney fees in the lawsuit against the City of Toledo. The amount of the order is $29,999.00
Scott Ciolek is the attorney representing the Midwest Retailers Association who sued the city over the original law. The MWRA was granted a restraining order which prevented the city from implementing the law. Toledo then repealed the law and passed a new one, but has not yet implemented it, pending the outcome of the lawsuit.
The issues in the case are complex, but common sense dictates that this is not a business-friendly action on behalf of the city. Now, it's becoming expensive as well.
Having won the attorney fees for the first portion of the case, is it likely the MWRA will prevail on the amended complaint, especially because the revised law is essentially the same as the repealed one? And, if so, would Toledo and the taxpayers be better off if they didn't fight it?
The amended complaint is in the discovery phase, so stay tuned.
NOTE: I'll add the link for my WSPD Eye On Toledo interview with Scott Ciolek as soon as it's available.