OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 668 Bill Analysis
135th General Assembly
Click here for H.B. 668’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Lorenz
Effective date:
Austin C. Strohacker, Attorney
SUMMARY
▪ Prohibits homeowners, neighborhood, civic, and other associations from restricting the
display of political yard signs.
DETAILED ANALYSIS
Under current law, homeowners, neighborhood, civic, and other associations are
prohibited from enacting rules, regulations, or bylaws restricting the placement or display of
certain flags. The bill expands this protection to include political yards signs, if the signs are
displayed in accordance with relevant state and local laws and ordinances.1
A yard sign is considered political for the purposes of the bill if it endorses a particular
political candidate, party, or belief and does not violate state or federal hate crime laws.2
The prohibition might not be enforceable with respect to deed restrictions, rules,
regulations, bylaws, and governing documents adopted before the bill’s effective date. Both the
U.S. Constitution and the Ohio Constitution prohibit the General Assembly from enacting laws
“impairing the obligation of contracts.”3 Deed restrictions and the governing documents of
homeowners, neighborhood, and civic associations create contractual rights and obligations. The
U.S. Supreme Court has held that the contract clause does not prohibit states from enacting laws
to protect the vital interests of citizens which could, presumably, include free speech interests.4
However, the Court stipulates that a state’s regulation of contracts must be reasonably designed
1
R.C. 5301.072(A)(5).
2
R.C. 5301.072(B); R.C. 2927.12, not in the bill, and 18 United States Code 249.
3
Ohio Constitution, Article II, Section 28; U.S. Constitution, Article I, Section 10.
4
Home Bldg. & Loan Asso. v. Blaisdell, 290 U.S. 398, 434 (1934).
November 18, 2024
Office of Research and Drafting LSC Legislative Budget Office
and appropriately tailored to achieve a legitimate public purpose.5 Only a court can determine
whether the bill meets that standard.
HISTORY
Action Date
Introduced 09-06-24
ANHB0668IN-135/ar
5
United States Trust Co. v. New Jersey, 431 U.S. 1, 20 (1977).
P a g e |2 H.B. 668
As Introduced