OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 617 Bill Analysis
135th General Assembly
Click here for H.B. 617’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Wiggam
Effective date:
Jason Hoskins, Attorney
Abby McMahon, Attorney
SUMMARY
 Prohibits individuals from being required to wear a mask or other facial covering in (1) a
place of public accommodation, (2) a facility owned or operated by a political
subdivision or state agency, or (3) a court.
 Permits an individual who believes a violation of the bill’s provisions has occurred to
(1) petition a court for injunctive relief or a declaratory judgment, or (2) bring a private
civil action for money damages.
DETAILED ANALYSIS
Prohibition against required wearing of mask or facial covering
The bill provides that individuals cannot be required to wear a mask or other facial
covering in (1) a place of public accommodation, (2) a facility owned or operated by a political
subdivision or state agency, or (3) a court.1 The bill defines a “place of public accommodation”
to mean all of the following:2
 An inn, hotel, motel, or other place of lodging;
 A restaurant, bar, or other establishment serving food or drink;
 A motion picture house, theater, concert hall, stadium, or other place of exhibition or
entertainment;
1 R.C. 9.59(B)(1).
2 R.C. 9.59(A)(1).
June 24, 2024
Office of Research and Drafting LSC Legislative Budget Office
 An auditorium, convention center, lecture hall, or other place of public gathering;
 A bakery, grocery store, clothing store, hardware store, shopping center, or other sales
or rental establishment;
 A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair
service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy,
insurance office, professional office of a health care provider, publicly accessible area of
a hospital, or other service establishment;
 A terminal, depot, or other station used for public transportation;
 A museum, library, gallery, or other place of public display or collection;
 A park, zoo, amusement park, or other place of recreation;
 A preschool, elementary, secondary, undergraduate, or postgraduate public or private
school, or other place of education;
 A child care center, senior citizen center, homeless shelter, food bank, adoption agency,
or other social service center establishment; or
 A gymnasium, health spa, bowling alley, golf course, or other place of exercise or
recreation.
The bill specifies that nothing in its provisions is to be construed as applying to a private
residence.3
Enforcement and penalty
If an individual believes that a violation of the bill’s provisions has occurred, the
individual may (1) petition a court of competent jurisdiction for injunctive relief or a declaratory
judgment, or (2) bring a private civil action in a court of competent jurisdiction for money
damages against the place of public accommodation, political subdivision or state agency, or
court.4 If an individual elects to bring a private civil action and proves by a preponderance of
the evidence that a violation of the bill’s provisions has occurred, the bill requires the court to
award the individual both of the following:5
 Three times the amount of the individual’s actual damages or $200, whichever is
greater; and
 The individual’s reasonable attorney fees and court costs.
3 R.C. 9.59(B)(2).
4 R.C. 9.59(C)(1) and (2)(a).
5 R.C. 9.59(C)(2)(b).
P a g e |2 H.B. 617
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 06-03-24
ANHB0617IN-135/ar
P a g e |3 H.B. 617
As Introduced