The Union County Prosecutor’s Office and Ohio Attorney General’s Office will be in front of the Ohio Supreme Court this week.
Last year, the Court of Appeals of Ohio ruled in favor of the local prosecutors over the CSX railroad company. The railroad company appealed that decision to the Ohio Supreme Court which is scheduled to hear the case Wednesday.
“We know this is an uphill battle,” Dave Phillips, Union County Prosecutor, said. “A majority of the decisions out there have sided with the railroad company.”
Between May 2018 and November 2018, the Union County Sheriff’s Office filed five citations against CSX, charging it with violations of the Ohio Revised Code which prohibits trains from blocking a road for more than five minutes unless the train is moving or unless the delay is caused “by circumstances wholly beyond the control of the railroad company.”
The citations each indicated that CSX had stopped its train, blocking a public railroad crossing for more than an hour, stopping traffic and creating a safety hazard should first responders need to use the road.
Phillips said that in the past, prosecutors had agreed to a lower fine.
“But at that point, I had just had enough and told our assistant prosecutors the fine is $1,000 and we are not going to come off that,” Phillips said.
CSX filed a motion to dismiss the citations. The company acknowledged its trains “consistently obstruct public railroad crossings,” but argued that the county couldn’t cite the company because the state didn’t have the authority to impose regulations on railroads. CSX officials argued that a federal law that prohibits state laws that manage or govern rail transportation, supersedes the state laws.
In February 2019, visiting Judge James Rapp granted the motion and without a hearing, dismissed the five citations.
Phillips appealed the decision. He argued that the law prohibiting trains from blocking roads does not put an undue burden on the company because it doesn’t regulate how the train company does its business.
In May, the Court of Appeals of Ohio sided with Phillips and reversed the lower court’s decision. At the time, Phillips called it a “David beats Goliath” decision.
CSX appealed the appeals court decision directly to the state supreme court.
In its brief to the Ohio Supreme Court, CSX argues that the “overwhelming precedent” in state and federal courts is that state and local railroad crossing anti-blocking laws are impermissible and preempted by federal law. The company notes that federal rules enacted in 1995 removed the authority of states to regulate core railroad operations and created a national board with exclusive jurisdiction over “transportation of rail carriers.” The company indicates the law includes an express preemption clause that grants the board exclusive regulatory authority over railroad operations and prohibits state laws that impact the “managing” or “governing” of rail transportation.
The company argues that anti-blocking rules are preempted because they impact the federal government’s right to govern the movement and stoppage of trains.
Phillips has responded, noting there is no federal law or rule issued by federal regulatory agencies that expressly addresses blocking of railroad crossings and no federal agency that enforces them. He argues that state anti-blocking laws are not meant to dictate railroad operations, but are about safety.
“This is a safety issue because it cuts our residents off from emergency service,” Phillips said.
At Wednesday’s hearing, each side will have 15 minutes to present arguments. The Union County Prosecutor’s Office will split its time with the Ohio Attorney General’s Office. The justices could ask questions about the law or the case. Phillips said the arguments will be held by Zoom.
“So, it is a bit unusual,” the prosecutor said.
Phillips said the ruling could take “several months.”
He said the Ohio Supreme Court decision “may or may not be the final stopping place.”
Depending on the decision, the case could be appealed to the Supreme Court of the United States or taken in front of a federal court.