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Ohio Revised Code

Ohio Rev. Code § 715.55 (2026)

Liability arising from enforcement of invalid adult entertainment ordinance

✓ current as of May 2026
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Effective:
September 4, 2007
Latest Legislation:
Senate Bill 16 - 127th General Assembly
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(A) As used in this section, "adult entertainment establishment" has the same meaning as in section 2907.39 of the Revised Code.

(B) The legislative authority of a municipal corporation may request the attorney general to provide legal guidance and assistance in developing, formulating, and drafting an ordinance regarding the operation of adult entertainment establishments that does not conflict with general laws, with any provision in Chapter 4303. of the Revised Code, or with any provision in a rule adopted by the division of liquor control pursuant to that chapter that regulates establishments that hold a liquor permit. Upon the request of a legislative authority pursuant to this division, the attorney general shall provide legal guidance and assistance to the municipal corporation in developing, formulating, and drafting an ordinance regarding adult entertainment establishments. The ordinance may include, but need not be limited to, antinudity restrictions, limitations on hours of operation, interior configuration requirements, and requirements that an adult entertainment establishment and its employees obtain licenses or permits to operate as an adult entertainment establishment or to be employed by an adult entertainment establishment. The ordinance may create one or more criminal offenses and impose criminal penalties related to the operation of adult entertainment establishments or may provide for civil sanctions for violations of the ordinance.

(C) Except as otherwise provided in this division, the state shall indemnify a municipal corporation and the members of the municipal corporation's legislative authority from liability incurred in the enforcement of an ordinance that is authorized by this section, that was drafted in accordance with legal guidance provided by the attorney general as described in division (B) of this section, and that a court finds to be unconstitutional or otherwise legally defective by paying any judgment in, or amount negotiated in settlement of, any civil action arising from the enforcement of the ordinance. The state shall not indemnify a municipal corporation or the members of the municipal corporation's legislative authority until all appeals have been exhausted or the action has otherwise been finally resolved.

The state shall not indemnify a municipal corporation or the members of the municipal corporation's legislative authority for any of the following or to the extent that any of the following apply:

(1) Any part of the judgment or settlement that represents damages that are covered by a policy of insurance for civil liability;

(2) Any part of the judgment or settlement that is based upon an officer or employee of the municipal corporation acting manifestly outside the scope of the officer's or employee's employment or official responsibilities, with malicious purpose, in bad faith, or in a wanton or reckless manner;

(3) Any part of the judgment that is for punitive damages;

(4) Any part of a consent judgment or settlement that the attorney general determines is unreasonable.
Notes of Decisions
Cited in 5 cases, 1960–2007 · leading case: Osborne v. Ohio, 495 U.S. 103 (1990).
Sort: Relevance Newest Treatment
Osborne v. Ohio, 495 U.S. 103 (1990). · cites it 2× “55 (1976) ("Any municipal corporation may provide for: (A) The punishment of persons disturbing the good order and quiet of the municipal corporation by clamors and noises in the night season, by intoxication, drunkenness, fighting, committing assault, assault and battery, using…”
State ex rel. Heffelfinger v. Brunner, 116 Ohio St. 3d 172 (Ohio 2007). “52 and to enact sections 715.55 and 2907.40 of the Revised Code to restrict the hours of operation of sexually oriented businesses, to prohibit patrons and employees of a sexually oriented business who are not immediate family members from touching each other while on the…”
Young v. New York City Transit Auth., 729 F. Supp. 341 (S.D.N.Y. 1990). “43 (1989) (Municipalities); Ohio Rev.Code Ann. § 715.55 (Anderson 1966) (Municipal corporations); Utah Code Ann.”
City of Marietta v. Grams, 531 N.E.2d 1331 (Ohio Ct. App. 1987). “The ordinance in question utilizes the same language as R.C. 715.55, which authorizes such regulation by a municipality although such authority now exists pursuant to Ohio constitutional home rule.”
City of Akron v. Criner, 175 N.E.2d 746 (Ohio Ct. App. 1960). · cites it 6× “” It is argued that the Akron ordinance is in conflict with state law, and further that Section 715.55, Revised Code, “does not authorize cities to provide for punishment for intoxication or drunkenness unless the good order and quiet of the municipal corporation is disturbed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.