Putting people at the
We’re parents, alumni, citizens, advocates, and Americans. As a law firm, our dedication to our communities extends well beyond the typical boundaries of practicing law. We chose to be attorneys because we wanted to make a profound difference across our region, and even our country.
Fox & Ziepfel attorneys serve on nonprofit boards of directors, community improvement corporations, port authorities, and lead nonprofit organizations that shape the fabric of communities we live inand serve. We believe that our experience and knowledge should extend well beyond the courtroom to help build strong networks and communities.
By getting our hands dirty on a grassroots level, our attorneys work tirelessly to make a positive difference that outlives the length of our legal careers. We want to leave every area of the world around us far better than we found it, whether that be our clients’ future or our community’s future.
To maximize resources directly impacting student-athletes, Fox & Ziepfel attorneys founded an NIL Collective – Cincy Reigns – to serve student athletes at the University of Cincinnati, as well as the Greater Cincinnati charitable and philanthropic community. They structured Cincy Reigns to be an all-volunteer collective with no paid staff or board members. Since launching with no payroll or employees, Cincy Reigns has (i) become the official (and only) NIL collective serving University of Cincinnati’s athletic department and student-athletes; (ii) substantially increased from university stakeholders the amount of NIL revenue contributed to student athletes/nonprofits; (iii) sourced numerous creative partnerships with local and national businesses to increase the amount of recurring revenue sustaining the university’s NIL ecosystem; (iv) forged one of the first groundbreaking brewery partnerships with Rhinegeist Brewery (23rd largest craft brewery in the nation) to create an entirely new product offering — Cincy Light — which has grown at a breakneck speed across the region; (v) in Q1 and Q2 of ’24, measurably impacted Greater Cincinnati’s charitable community, recording over 500 volunteer hours from Cincy Reigns’ student-athletes in just the first two quarters; and (vi) collaborated with university stakeholders to create innovative strategies and workflows for attracting, recruiting, signing and retaining elite student-athletes for the university.
During the COVID-19 pandemic, the Toledo-Lucas County Health Commission ordered all religious schools across the county to halt in-person instruction and assembly while allowing non-religious businesses to remain open to the public. Despite Sixth Circuit precedent favoring the closure order, Fox & Ziepfel attorneys successfully convinced the appellate court to change itsmind — and reopen schools — by confronting the constitutional problem of treating religious schools more harshly than gyms, tanning salons, and casinos in their jurisdiction.
December 2020
December 21, 2020
September 2023
Violation of the Free Exercise Clause of the First Amendment
Violation of the Equal Protection Clause of the Fourteenth Amendment
Multiple Christian K–12 schools in Lucas County, Ohio
Lucas County Regional Board of Health
Court Ruling: The Sixth Circuit issued a published opinion declaring that Lucas County’s order violated the constitutional rights of religious schools.
Remedy: The court granted emergency injunctive relief, allowing the schools to resume in-person education.
Attorney Fee Award: In 2023, Lucas County was ordered to pay $137,000 in attorneys’ fees, recognizing the merit and success of the plaintiffs’ claims.
Content Neutrality & Strict Scrutiny: Brian Fox successfully argued that the closure order was not content-neutral because it targeted religious instruction while permitting secular gatherings of comparable size and risk.
Lack of Narrow Tailoring: The government failed to show that the order was the least restrictive means of achieving a compelling interest.
Comparators: The legal team presented evidence that secular institutions (e.g., casinos, gyms, and retail stores) were allowed to remain open under similar or less safe conditions.
Legal Precedent: The ruling has been cited in subsequent challenges to government restrictions on religious institutions during emergencies.
Policy Influence: The case influenced local and state-level public health guidance on balancing civil liberties with emergency powers.
Public Awareness: National media coverage amplified the case’s role in the ongoing debate over the limits of governmental authority during public health crises.
This case received attention from numerous regional and national outlets:
This case is emblematic of Brian Fox’s approach: principled, fast-moving, and grounded in constitutional advocacy. At a time when many legal challenges were delayed or unsuccessful, his team delivered a decisive win in record time—demonstrating not only command of constitutional doctrine, but the ability to execute under pressure.
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