OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 237 Bill Analysis
135th General Assembly
Click here for S.B. 237’s Fiscal Note
Version: As Reported by House Civil Justice
Primary Sponsors: Sens. Gavarone and Manning
Effective date:
Aida S. Montano, Research Analyst
SUMMARY
Uniform Public Expression Protection Act
▪ Names the chapter proposed to be enacted by the act the “Uniform Public Expression
Protection Act.”
▪ States that the chapter proposed to be enacted is intended to confer substantive
immunity from suit, and not merely immunity from liability, for any cause of action
concerning protected speech under the proposed chapter.
▪ Specifies the types of civil actions to which the proposed chapter applies.
▪ Exempts certain actions and claims from the provisions of the proposed chapter.
▪ Clarifies that no new statutory causes of action are created by the proposed chapter.
▪ Establishes procedures for a motion for expedited relief from a civil action type specified
in the proposed chapter.
▪ Requires a stay of proceedings in the action prior to a ruling on the motion for expedited
relief, other than for a motion for attorney’s fees, court costs, and other litigation
expenses.
▪ Permits a court to, upon request, stay a hearing or motion involving another party in the
action, if the hearing or ruling on the motion for expedited relief would adjudicate an
issue material to the issue of the hearing or the motion.
 This analysis was prepared before the report of the House Civil Justice Committee appeared in the House
Journal. Note that the legislative history may be incomplete.
December 11, 2024
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▪ Specifies that the court will consider the pleadings, the motion, any response to the
motion, and any evidence that could be considered in ruling on a motion for summary
judgment under Civil Rule 56 of the Ohio Rules of Civil Procedure in ruling on the motion
for expedited relief.
▪ Specifies on what grounds the court will dismiss a cause of action, or part of a cause of
action, with prejudice.
▪ Permits a court to allow discovery during a stay if the party seeking discovery shows that
specific information is necessary to establish whether a party has satisfied a burden to
prove that the party’s cause of action should not be dismissed.
▪ Permits a court to hear and rule on a motion unrelated to the motion for expedited relief
or a motion seeking a temporary or preliminary injunction to protect against an imminent
threat to public health or safety during the stay for a motion for expedited relief.
▪ Specifies that an order denying a motion for expedited relief is a final appealable order.
▪ Establishes the burden of costs for a prevailing party on a successful motion for expedited
relief, or for frivolous conduct if the motion is denied.
▪ Provides that the court must not fail to award, or reduce an award of, attorney’s fees,
court costs, and other reasonable litigation expenses on the grounds that the
representation of the moving party was undertaken on a pro bono or contingent basis.
▪ Requires the court to broadly construe and apply the provisions of the bill and to consider
the need to promote uniformity of the law with respect to its subject matter among states
that enact a substantially similar law.
Small claims court jurisdiction
▪ Provides that the filing or defense of an action by the holder of a security agreement or
retail installment contract, purchased by the holder for the holder’s portfolio of
investments, was not and is not prohibited in the small claims division of a municipal or
county court, provided that the holder is not an assignee for the purpose of collection.
Eviction actions
▪ Prohibits any person from filing a forcible entry and detainer action listing a minor tenant
as a defendant if a parent or adult guardian is also listed as a defendant on the same
complaint.
▪ Requires the court to dismiss without prejudice any action filed in violation of the
prohibition in the preceding dot point and order the person that filed the action to pay
the minor tenant’s reasonable attorneys’ fees.
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DETAILED ANALYSIS
Uniform Public Expression Protection Act
The bill names the chapter proposed to be enacted by the act the “Uniform Public
Expression Protection Act.”1
Application and exceptions
The bill’s provisions apply to a cause of action asserted in a civil action against a “person”
(see “Definitions,” below) based on any of the following:2
▪ The person’s communication in a legislative, executive, judicial, administrative, or other
governmental proceeding;
▪ The person’s communication on an issue under consideration or review in a legislative,
executive, judicial, administrative, or other governmental proceeding;
▪ The person’s exercise of the right of freedom of speech and of the press, the right to
assemble and petition, and the right of association, guaranteed by the U.S. Constitution
or the Ohio Constitution, on a matter of public concern.
The bill’s provisions do not apply to any of the following:3
▪ A legal action against a “governmental unit” (see “Definitions,” below) or an employee
or agent of the governmental unit who was acting or purporting to act in an official
capacity;
▪ An enforcement action that is brought in the name of a governmental unit to protect
against an imminent threat to public health or safety;
▪ A legal action brought against a person primarily engaged in the business of selling or
leasing “goods or services” (see “Definitions,” below), if the cause of action arises out
of communication related to the person’s sale or lease of the goods or service;
▪ A survivorship claim or a legal action seeking recovery for bodily injury or wrongful death,
or statements made regarding that claim or legal action.
Intent
The bill states that the General Assembly, in enacting this proposed chapter, intends to
confer substantive immunity from suit, and not merely immunity from liability, for any cause of
action described in the first three dot points under “Application and exceptions,” above.4
1 Section 3.
2 R.C. 2747.01(B).
3 R.C. 2747.01(C).
4 R.C. 2747.01(E).
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The bill provides that nothing in the proposed chapter is intended to create any new
statutory cause of action.5
Motion for expedited relief
Not later than 60 days after a party is served with a complaint, cross-claim, counterclaim,
third-party claim, or other pleading that asserts a cause of action to which the provisions of the
bill apply, the party may file a motion for expedited relief to dismiss the civil action or claim. The
court may extend the 60-day period to file the motion for expedited relief for a showing of good
cause.6
If a motion for expedited relief is filed, the court must stay all other proceedings in the
action between the moving party and responding party, including discovery and any other
pending hearing or motion.7 A stay issued pursuant to the motion for expedited relief remains in
effect until 30 days after the entry of a ruling on the motion for expedited relief or upon the
conclusion of an appeal of the ruling, whichever is later. During an appeal, all proceedings
between all parties in the action are stayed.8
Upon request by the moving party, the court may stay a hearing or motion involving
another party in the action, or discovery by another party, if the hearing or ruling on the motion
for expedited relief would adjudicate, or the discovery would relate to, an issue material to the
motion for expedited relief.9
In ruling on the motion for expedited relief, the court must consider the pleadings, the
motion, any response to the motion, and any evidence that could be considered in ruling on a
motion for summary judgment under Civil Rule 56 of the Ohio Rules of Civil Procedure.10
In ruling on the motion for expedited relief, the court must dismiss with prejudice a cause
of action, or part of a cause of action, if all of the following apply:11
▪ The moving party establishes that the cause of action is based on a communication or
action in, or on an issue under consideration or review in, a legislative, executive, judicial,
administrative, or other governmental proceeding, or an exercise of the right of freedom
of speech and of the press, the right to assemble and petition, and the right of association,
guaranteed by the U.S. Constitution or the Ohio Constitution, on a matter of public
concern;
5 R.C. 2747.01(D).
6 R.C. 2747.02.
7 R.C. 2747.03(A)(1).
8 R.C. 2747.03(B).
9 R.C. 2747.03(A)(2).
10 R.C. 2474.04(B).
11 R.C. 2747.04(C).
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▪ The responding party fails to establish that the provisions of the bill do not apply to the
cause of action due to an exception;
▪ Either the responding party fails to establish a prima-facie case for each essential element
of the cause of action or the moving party establishes one of the following:
 The responding party failed to state a cause of action upon which relief can be
granted;
 There is no genuine issue as to any material fact and the moving party is entitled to
judgment as a matter of law on the cause of action or part of the cause of action.
During a stay due to a motion for expedited relief, the court may allow limited discovery
if the party seeking discovery shows that specific information is necessary to establish whether a
party has satisfied a burden to prove that the party’s cause of action should not be dismissed for
the above-listed reasons, and the information cannot be obtained unless discovery is allowed.12
A stay for these purposes does not affect a party’s ability to voluntarily dismiss a cause of action
or move to sever a cause of action for a separate trial.13
A court may also hear and rule on either of the following during a stay due to a motion
for expedited relief where good cause is shown:14
▪ A motion unrelated to the motion for expedited relief;
▪ A motion seeking a temporary or preliminary injunction to protect against an imminent
threat to public health or safety.
A motion for attorney’s fees, court costs, and other litigation expenses due to a motion
for expedited relief is not subject to the related stay.15
The bill requires the court to conduct a hearing not later than 60 days after the filing of a
motion for expedited relief, unless the court orders a later hearing to allow for limited discovery
or delays the hearing for other good cause. If the court orders a later hearing to allow for limited
discovery, the court must conduct the hearing not later than 60 days after the court order
allowing discovery unless the hearing is delayed for other good cause.16 The court must rule on
the motion for expedited relief not later than 60 days after the hearing.17
An order that denies a motion for expedited relief is a final appealable order that may be
reviewed, affirmed, modified, or reversed, with or without retrial. The moving party has an
12 R.C. 2747.03(C).
13 R.C. 2747.03(E).
14 R.C. 2747.03(F).
15 R.C. 2747.03(D).
16 R.C. 2747.04(A).
17 R.C. 2747.04(D).
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interlocutory right of appeal and the appeal must be filed within 30 days after entry of the
order.18
A voluntary dismissal without prejudice of a responding party’s cause of action, or part of
a cause of action, that is the subject of a motion for expedited relief does not affect a moving
party’s right to obtain a ruling on the motion for the purpose of obtaining court costs, attorney’s
fees, and other litigation expenses. A voluntary dismissal with prejudice of a responding party’s
cause of action, or part of a cause of action, that is the subject of a motion for expedited relief
establishes that the moving party prevailed on the motion for the purpose of awarding court
costs, attorney’s fees, and other litigation expenses.19
If the court grants a motion for expedited relief, the court must award reasonable
attorney’s fees, court costs, and other reasonable litigation expenses to the moving party. The
court must not fail to award, or reduce an award of, attorney’s fees, court costs, and other
reasonable litigation expenses on the grounds that the representation of the moving party was
undertaken on a pro bono or contingent basis.20 If the court denies a motion for expedited relief,
and finds that the motion was frivolous conduct, the court, after the disposition of any appeal
affirming the court’s ruling on the motion, must award to the responding party reasonable
attorney’s fees, court costs, and other reasonable litigation expenses incurred in responding to
the motion.21
Timing and interpretation
The provisions of the bill are applicable to civil actions or any claim asserted in a civil
action on or after the effective date of the bill.22 A court must broadly construe and apply these
provisions to protect the exercise of the right of freedom of speech and of the press, the right to
assemble and petition, and the right of association, guaranteed by the U.S. Constitution and the
Ohio Constitution.23 In construing and applying these provisions, a court must consider the need
to promote uniformity of the law with respect to its subject matter among states that enact a
substantially similar law.24
Definitions
The bill defines the following terms for the purposes of its provisions described above:25
18 R.C. 2502.02(B)(8) and 2747.05(C).
19 R.C. 2747.04(E).
20 R.C. 2747.05(A).
21 R.C. 2747.05(B).
22 R.C. 2747.06(A).
23 R.C. 2747.06(B).
24 R.C. 2747.06(C).
25 R.C. 2747.01(A).
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▪ “Goods or services” does not include the creation, dissemination, exhibition, or
advertisement, or a similar promotion, of a dramatic, literary, musical, political,
journalistic, or artistic work;
▪ “Governmental unit” means the government of the United States, the state, a political
subdivision of the state, or any department, agency, board, commission, or other
instrumentality of the government of the United States, the state, or a political
subdivision;
▪ “Person” includes an individual, estate, trust, partnership, business or nonprofit entity,
governmental unit, or other legal entity.
Small claims court jurisdiction
The bill provides that the filing or defense of an action by the holder of a security
agreement or retail installment contract, purchased by the holder for the holder’s portfolio of
investments, is not prohibited in the small claims division of a municipal or county court, provided
that the holder is not an assignee for the purpose of collection.26
The bill states that it is the intent of the General Assembly in enacting the provision
described in the previous paragraph to clarify that the filing of such an action in a small claims
division of a municipal or county court was not prohibited prior to the effective date of the bill,
and is not prohibited, provided the holder is not an assignee for the purpose of collection. 27
The bill defines a “retail installment contract” as any written instrument that is executed
in connection with any retail installment sale and is required or authorized under Ohio’s Retail
Installment Sales Law, and includes all such instruments executed in connection with any retail
installment sale.28 A “security agreement” means an agreement that creates or provides for a
security intere