In a landmark and long-awaited decision, Franklin County Common Pleas Court Judge Michael Holbrook on Wednesday ordered Gov. Mike DeWine and the Ohio Department of Job and Family Services to immediately reinstate Ohio’s participation in the Federal Pandemic Unemployment Compensation program and take all action necessary to obtain Ohio’s share of FPUC program benefits from the United States Department of Labor.

Former Ohio Attorney General Marc Dann, whose law firm, DannLaw, originally filed suit in July 2021 on behalf of thousands of Ohioans who were denied $300 in weekly supplemental unemployment benefit payments because of DeWine’s decision to end the state’s participation on June 26, 2021, in the fully federally funded program. Dann hailed the ruling as a major victory for his clients and the state of Ohio.

“Today, Judge Holbrook validated our contention that Gov. DeWine and ODJFS were required by Ohio law to accept and distribute the FUPC payments to Ohioans devastated by COVID-19,” Dann said in a news release. “The governor’s decision to deny federal aid to families in crisis was arbitrary and unconscionable, and illegal. It is our sincere hope that he will now honor his obligation to obey the law without delay.”

Dan Tierney, DeWine’s spokesman, said they have no comment on the decision.

According to Dann, eligible Ohioans will receive an estimated $900 million in FPUC benefits as a result of Holbrook’s ruling.

“The payments will both enable people still reeling from the effects of the pandemic to rebuild their lives and significantly boost the state’s economy,” he said. “We’ve never understood why the governor would leave nearly a billion dollars sitting in an account in Washington, D.C., rather than allowing that money to flow into Ohio’s 88 cities, townships, and villages where it will fuel sales for local businesses and generate tax revenue. Aside from being cruel, refusing funds made no sense from an economic standpoint.

“We’ve been assured the money is there, it’s far past time for the state to ask for it on behalf of citizens who desperately need it,” Dann continued.

According to Dann’s release, Holbrook’s judgment entry reads as follows:

Pursuant to State ex rel Candy Bowling v. Mike DeWine, 2021-Ohio-2902, FPUC is one of the “available advantages” described in R.C. 4141.43(I) that the General Assembly requires Defendants “secure” to the citizens of the State of Ohio.

Defendants acted in violation of R.C. 4343.41(I) when they terminated participation in the FPUC program prior to its expiration.

Defendants are hereby ORDERED pursuant to R.C. 4343.41(I) to take all action necessary to reinstate Ohio’s participation in the FPUC program from June 26, 2021 through its expiration.

Defendants are hereby ORDERED pursuant to R.C. 4343.41(I) to take all action necessary to obtain Ohio’s share of FPUC program benefits from the United States Department of Labor.

Dann acknowledged that decision could be appealed, but noted the 10th District Court of Appeals had already ruled against the state.

“The law, Judge Holbrook’s ruling, and the opinion from the 10th District Court of Appeals are crystal clear: the state is required to obtain and distribute these funds. But, as we’ve now proven multiple times, if the governor refuses to abide by the law, we will fight and we will win,” Dann said.