On August 4, U.S. District Court Judge Susan Dlott, a Clinton appointee, enjoined Ohio from enforcing a state law that makes it illegal for a former state legislator to represent any organization at the state legislature within one year of having served in office. However, the order only applies to ex-legislators who are not being paid to lobby. Brinkman v Budish, sou. dist., 1:09-cv-326. Here is the decision.

The decision says the plaintiff, Thomas E. Brinkman, “is not seeking pecuniary benefit from his representation of the Coalition Opposed to Additional Spending and Taxes. Therefore, a concern for quid pro quo corruption is not implicated.”

The decision also suggests that the Ohio lobbyist restriction may violate Equal Protection, since it permits a former state legislator within one year of his or her legislative service to lobby on behalf of state agencies, but not on behalf of any other group. Thanks to ElectionLawBlog for this news.