CINCINNATI, Ohio - An Ohio Appellate Court ruled a City of Cincinnati ordinance forbidding the use of home security alarms unless they pay the city a fee of $100 per year as unconstitutional.

The victory comes on behalf of local residents, Vena Jones-Cox and Drew White, who equipped their homes and business with alarms to protect themselves, their families and their property. White was fined $800 for using an alarm without paying the $100 tax.

The unanimous ruling by First District Court of Appeals Judges Winkler, Zayas and Bock holds that the city must stop collecting the assessments because they "are a tax, and the imposition of that tax is unconstitutional" reasoning as follows.

"Appellants like other taxpayers already pay for police protection through their tax dollars. Imposing a separate fee or penalty constitutes a form of double taxation."

"The assessments do not bear a reasonable relationship to the protections, benefits or opportunity provided by the City to those paying them."

"Instead of promoting the public health and welfare, the assessments have a chilling effect in deterring citizens from utilizing alarm systems to protect themselves, their homes and their property."

The case will now return to the trial court, where Cincinnati homeowners will certify a class action to recover the funds the city seized from them since enacting the ordinance in 2014.