Judge Orders Gov. DeWine to Request $900 Million in Pandemic Unemployment Funds for Ohioans
COLUMBUS, Ohio — A Franklin County judge has ordered Ohio Gov. Mike DeWine to take immediate action to secure $900 million in unclaimed Federal Pandemic Unemployment Compensation (FPUC) funds that the state declined in 2021.
Judge Michael Holbrook’s ruling mandates that DeWine and the Ohio Department of Job and Family Services (ODJFS) formally request Ohio’s share of FPUC benefits from the U.S. Department of Labor (DOL) and distribute them to eligible residents. The decision stems from a class-action lawsuit filed by attorney Marc Dann on behalf of approximately 320,000 Ohioans who were denied the federally funded benefits when DeWine opted out of the program.
"We are encouraging the governor not to appeal," Dann said in a statement. "An appeal could trigger a stay of the order, which would allow Congress time to reallocate the funds. Putting $900,000,000 into the hands of 300,000 Ohioans who will spend it on paying their rising credit card bills, their outrageous medical bills, and to support local businesses is a win for every person in the state of Ohio."
DeWine’s office declined to comment on the ruling. In the past, the governor has defended his decision to reject the funds, arguing that the payments discouraged Ohioans from returning to work at a time when the state was recovering from the COVID-19 pandemic.
The lawsuit, Candy Bowling, et al. v. Michael DeWine, et al., originally filed in 2021, claims that DeWine prematurely ended Ohio’s participation in the FPUC program, depriving unemployed Ohioans of an additional $300 per week in benefits between July and September 2021. The Ohio Tenth District Court of Appeals later ruled that DeWine had a “clear legal duty” to secure the benefits for Ohio residents.
Eligible recipients, like Candy Bowling, the lead plaintiff in the case, say the loss of benefits created severe financial hardships. "The extra pandemic money from the federal government was a lifeline," Bowling said. "I only got like $300 from the state, and I was used to bringing in over $600 a week. It wasn't really even half of what I was making before becoming unemployed during the COVID-19 pandemic."
When DeWine first rejected the funds, his office maintained that extending pandemic-era unemployment benefits would send the “wrong message” when Ohio’s job market was strong. His press secretary, Dan Tierney, previously stated, "The July 2021 to September 2021 time period referenced was after the pandemic emergency had ended. … Ohio has had more open jobs than workers to fill them. Providing emergency supplemental benefits well after the conditions necessitating them had ended was sending the wrong message when Ohio was open for business."
Dann argues that justification was never valid. "Judge Holbrook validated our contention that Governor DeWine and ODJFS were required by Ohio law to accept and distribute the FPUC payments to Ohioans devastated by COVID-19," he said. "The governor’s decision to deny federal aid to families in crisis was arbitrary and unconscionable, and illegal."
The lawsuit specifies that the denied benefits amount to approximately $3,000 per person over 10 weeks. In total, the potential payout to Ohioans stands at roughly $900 million. Attorney Thomas A. Zimmerman, Jr., who also represents the plaintiffs, emphasized the urgency of distributing the funds. "The federal money is still available from the DOL. All Governor DeWine has to do is ask for it and distribute it to his constituents who desperately need financial assistance," Zimmerman said.
Despite the judge’s order, the state could appeal the ruling, which would likely delay the distribution of funds. The Ohio legislature preemptively amended state law in October 2023, clarifying that Ohio is not required to participate in voluntary federal benefits programs. Dann Law attorney Brian Flick, however, said that change only reinforces their case, demonstrating that the prior law obligated the state to accept the money.
"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," Dann 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."
With the ruling now in place, the next move is up to DeWine. Dann is urging the governor to comply with the court’s order rather than appealing, warning that further delays could put the funds at risk. "We've been assured the money is there," Dann said. "It's far past time for the state to ask for it on behalf of citizens who desperately need it."
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