“Clearly Proscribed Conduct” Rule: Ohio Supreme Court Narrows Void-for-Vagueness Challenges in Huron v. Kisil (2025)

1. Introduction

Huron v. Kisil, Slip Opinion No. 2025-Ohio-2921, marks the Supreme Court of Ohio’s resolution of a certified conflict between the Sixth and Seventh District Courts of Appeals over the constitutionality of selected provisions of the International Property Maintenance Code (IPMC) adopted by the City of Huron.

The appellant, Michael P. Kisil, faced criminal charges for violating IPMC §§ 301.3 and 302.1, which require that vacant and exterior property be maintained in a “clean, safe, and sanitary” condition. Kisil argued that these terms are so undefined that the provisions are unconstitutionally vague under the Due Process Clauses of the Ohio and United States Constitutions. The trial court agreed, relying on the Seventh District’s opinion in State v. ACV Realty, but the Sixth District reversed and certified a conflict.

The Supreme Court affirmed the Sixth District, holding that a defendant cannot prevail on a facial void-for-vagueness challenge when his own conduct “clearly falls within the activities proscribed by the law.” The case therefore clarifies and tightens the doctrine as applied to criminal property-maintenance ordinances throughout Ohio.

2. Summary of the Judgment

Holding: An ordinance will not be struck down as void for vagueness when the challenger’s conduct is plainly within the ordinance’s prohibitions; Kisil’s alleged property conditions (no water service, collapsing break wall, deteriorating structures, and scattered debris) were manifestly not “clean, safe, or sanitary,” therefore the IPMC provisions survive the vagueness attack.
Disposition: Judgment of the Sixth District Court of Appeals affirmed; cause remanded to the Huron Municipal Court for further proceedings on the merits of the criminal charges.
Certified Question Answered: The terms “clean,” “safe,” and “sanitary” in the IPMC are not unconstitutionally vague as applied where the defendant’s property conditions obviously contravene those standards.
New Precedent: The “Clearly Proscribed Conduct” Rule—if the alleged facts place the defendant within the “hard core” of prohibited conduct, a facial vagueness challenge fails.

3. Analysis

3.1 Precedents Cited and Their Influence

Hoffman Estates v. Flipside, 455 U.S. 489 (1982)
Introduced the principle that a court examines the challenger’s own conduct first and applies greater scrutiny to criminal statutes.
Broadrick v. Oklahoma, 413 U.S. 601 (1973)
Established that one who is squarely within a statute’s prohibition cannot claim it is vague as applied to others. The Ohio Supreme Court quotes its “hard core” language.
Johnson v. United States, 576 U.S. 591 (2015)
Clarified that a statute need not be vague in all applications to be struck down. The Ohio court distinguishes Johnson by emphasizing the necessity of showing vagueness in the present case.
Holder v. Humanitarian Law Project, 561 U.S. 1 (2010)
Reinforces that a plaintiff whose intended conduct is clearly proscribed cannot assert vagueness.
Ohio Cases: State v. Anderson, 57 Ohio St.3d 168 (1991); State v. Collier, 62 Ohio St.3d 267 (1991); State v. Carrick, 2012-Ohio-608; In re Columbus Southern Power Co., 2012-Ohio-5690— all lay out Ohio’s three-part vagueness test.
State v. ACV Realty, 2016-Ohio-3247 (7th Dist.)
Held identical IPMC language void for vagueness. The Supreme Court disapproves its broad invalidation, limiting it to facts unlike Kisil’s.

3.2 Court’s Legal Reasoning

Justice Fischer, writing for a unanimous court, applies a step-by-step analysis:

Presumption of Constitutionality. Property-maintenance ordinances serve public health and safety, thus enjoy a strong presumption of validity.
Void-for-Vagueness Framework. A law must (a) give fair notice, (b) avoid arbitrary enforcement, and (c) not unduly impinge constitutional rights. Criminal provisions are reviewed more stringently.
Threshold Conduct Inquiry. Following Hoffman Estates, the Court asks: Does the complaint describe conduct that “clearly” violates the ordinance? – Yes. Depraved structures, no water, collapsing break wall, and piles of debris are obviously not “clean, safe, sanitary.”
Doctrine Application. Because Kisil’s own conduct is plainly within the statute’s reach, he is barred from arguing hypothetical vagueness for edge-case property owners. The Court explicitly rejects the notion that a challenger must first prove innocence; instead, the question is whether the alleged facts inhabit the law’s “heartland.”
Distinguishing Johnson. Johnson invalidated the Armed Career Criminal Act’s residual clause, but its reasoning still began with the defendant’s own circumstances. Here, the clause is definite enough as applied.
Rejection of ACV Realty. The Sixth District properly used dictionary definitions; common understanding of the terms suffices for notice. Any uncertainty over “occupant v. owner” assignment in other cases does not help Kisil, who is both owner and possessor.

3.3 Likely Impact of the Decision

Statewide Uniformity. Resolves the split between Sixth and Seventh Districts; municipalities relying on the IPMC now have stronger footing to criminally enforce maintenance codes.
Heightened Burden for Defendants. Property owners whose premises are demonstrably derelict will face a steep hurdle to claim vagueness; they must either show the ordinance lacks any standard at all or demonstrate borderline conduct.
Guidance for Drafting Ordinances. While the Court did not insist on greater specificity, it hinted that clarity problems could still doom an ordinance when enforcement targets cases lying near the margins.
Influence Beyond Property Codes. The “clearly proscribed conduct” approach extends statewide to other criminal ordinances containing flexible language (e.g., “offensive,” “noxious,” “hazardous”).
Limitation on Facial Challenges. Encourages litigants to frame vagueness claims as as-applied where facts are borderline; pure facial attacks will seldom succeed if prosecutors plead concrete egregious facts.

4. Complex Concepts Simplified

Void-for-Vagueness Doctrine: A constitutional rule preventing enforcement of laws so unclear that ordinary people cannot tell what is illegal or that invite arbitrary police action.
Facial vs. As-Applied Challenge: Facial: Claims a law is invalid in every situation.
As-Applied: Claims a law is unconstitutional under the specific facts of the challenger’s case.
International Property Maintenance Code (IPMC): A model code published by the International Code Council. Municipalities adopt it wholly or partly to set minimum property-maintenance standards.
“Hard Core” of Proscribed Conduct: A judicial phrase meaning conduct that sits at the obvious center of what a statute forbids—no reasonable person could doubt its illegality.

5. Conclusion

Huron v. Kisil cements an important constraint on vagueness challenges in Ohio: where the defendant’s alleged actions plainly violate the disputed law, courts will not entertain broad constitutional attacks. The Supreme Court harmonized conflicting appellate decisions, clarified the analytical sequence for vagueness reviews, and provided practical guidance to municipalities and litigants alike. Ultimately, the ruling balances the need for flexible public-welfare regulations with due-process protections, ensuring that truly uncertain statutes remain vulnerable while concededly culpable defendants cannot escape liability through technical constitutional arguments.