Ohio

Every Ohioan retains an inalienable right to participate in community local self-government in the place where they live. But every Ohioan is denied the full enjoyment of that right, and many are denied it completely.

State laws that deny the authority of community governments to protect their health, safety, welfare, and quality of life violate fundamental rights. State laws that exempt agribusiness and fracking corporations from being governed locally, place the privileges of wealth and property over the democratic rights of people to determine the future of their own communities. Local officials regularly confess to their constituents that they wish they could do more, but their “hands are tied” by state preemptive law. These officials are told that if they honor their oaths to protect the health, safety and welfare of the community, they will be breaking state law.

The first communities in Ohio – Yellow Springs, Broadview Heights, Waterville, Oberlin and Athens – have adopted Community Rights Amendments/Ordinances which ban fracking and injection wells. These local laws passed by the people of these communities, not only prohibit specific activities that will cause harm to the community, but they also challenge state preemption and corporate powers by codifying our rights to local self-governance, to clean air and water, and the rights of nature – and removing corporate privileges and state authorities when they violate those rights.

Despite numerous attempts by the Corporate State to stifle this movement Ohio communities are pushing back and advancing the just, fair,  and sustainable communities they envision. The timeline below details a historical account (courtesy of the Ohio Community Rights Network).

2011 – Youngstown, Ohio (Mahoning County): December 31, 2011 at 3:04 pm – 4.0 EARTHQUAKE

2013– Athens (Athens County)

• First attempt – Community Members proposed a CBOR Ordinance by initiative; kept off ballot by Board of Elections; BOE votes to keep off ballot and Refuses to give reasons why

Bowling Green (Wood County)

• ​First attempt – Community group proposes CBOR charter amendment to prohibit fracking; it lost with only 45% of the vote.
• The community initiative was opposed by the Chamber of Commerce, League of Women Voters, city electeds and appointees; Resident protest represented by Lavelle & Associates.

Niles Ohio (Trumbull County)

• City Council passes CBOR Ordinance banning fracking
• Niles City Council rescinded their Bill of Rights 2 weeks after they passed it and a closed-door meeting with the council and members of oil industry

Oberlin (Lorain County)

• Community members propose a CBOR Ordinance; It passes with over 70% of vote
• City didn’t codify ordinance until 2018 after push by people

Youngstown (Mahoning County)

• First attempt – community group proposes a CBOR charter amendment initiative to ban fracking; defeated in May primary election: NO 56.85%  to YES 43.15 %. The community spent $5,000
• Initiative labeled as a “Job Killer” – opposed by Plumbers/Pipefitters Union Local 396 and City electeds – Opposition spent: $60,000+   
• Second attempt: Community group proposes a CBOR charter amendment initiative to ban fracking; defeated in Nov general election: NO 54.66% to YES 45.34%. The community group spent $693
• Opposition from Local 396 – spent: $81,757 to defeat the initiative 
• Lavelle and Associates Law firm hired by Mahoning Valley Coalition for Jobs, Growth and Investment and filed by 5 city residents to challenge legality and keep CBR off the ballot – filed Friday August 30, Labor Day weekend. Hearing Friday Sept, 6, 2013. Two Board members Betras and Winbush are members of the MVCJGI. The challenge was dropped minutes before meeting

2017​ – Athens County

• Third attempt: Community Members propose a CBOR County Charter by initiative; Court challenges – Athens County court falsely rules not enough signatures, keeps us off ballot
• Appealed to a higher court – told it was not an appealable ruling – still awaiting trial for the new ruling

Bowling Green (Wood County)

• Second attempt: Bowling Green State University led group proposes CBOR charter amendment to prohibit pipelines and protect climate future; Kept off the ballot up until two weeks before election. With only two weeks to campaign the initiative lost 40%-60%​

Columbus (Franklin County)

• Third attempt: Resident group proposes CBOR City Ordinance by initiative to ban fracking and disposal of waste. 
• Effort successfully obtained about 3000 more signatures than required. BOE blocks CBOR from the ballot using HB463.
• September 14 – OH Supreme Court rules 6-1 in agreement with the BOE’s action.

Medina County

• Third attempt: Community group proposed an initiative for a CBOR County Charter; they turned in over 17,000 signatures with more than enough valid signatures; it was kept off the ballot by the Medina County Board of Elections and Secretary of State Husted.
• ​The Court of Appeals ruled to keep the County Charter/Bill of Rights Initiative off the ballot

Portage County

• Third attempt: Community group proposed County Charter by initiative to ban fracking/injection wells; gathered  approximately 1890 signatures, insufficient to submit

Youngstown (Mahoning County)

• Seventh attempt: Community group proposes 2 Bills of Rights for Nov election: Youngstown Drinking Water Protection Bill of Rights & Free and Fair Elections and Access to Local Government
• July 24 – Turned in Water Protection BOR; Aug 7 Turned in Free and Fair Elections and Access to Local Government
• Aug 23 City passed both ordinances and then filed them with the Board of Elections on Aug 25; Kept off ballot by HB 463; Money spent: $3,336
• Lawsuit – Youngstown “loses” 4-3 at OH Supreme Court

Ohio Ballot Board unanimously approves BOTH proposed people’s amendments to move forward

2018 – Portage County

• Fourth attempt: Community group proposed County Charter by initiative to ban fracking/injection wells; gathered approximately 2300 signatures, insufficient to submit

Youngstown (Mahoning County)

• Eighth attempt: Community group proposes a CBOR charter amendment initiative for Youngstown Drinking Water Protection Bill of Rights for May Primary election; NO 55:46% to YES 44.52% – Community spent $1,871​
• BOE again invokes HB 463 to rule that it should not go on the ballot;
• ​March 16 – Lawsuit filed in the OH Supreme Court; April 24 – OH Supreme Court rules 5-2 to put the Charter Amendment on the ballot though early voting started 2 weeks ago
• Ninth attempt: Community group proposes a CBOR charter amendment initiative for Youngstown Drinking Water Protection Bill of Rights for November General election; NO 57% to YES 43% – Community spent $2,200

Toledo (Lucas County)

• Lake Erie Bill of Rights community group submits over 10,500 signatures with more than enough valid signatures; BOE keeps the initiative off the ballot; a win in the Ohio supreme court prompts city council to advance the charter amendment to a special election set for February 2019 – a Columbus based law firm represents Toledo resident Josh Abernathy to protest the amendment; Community groups wins hearing held by BOE – special election set for Feb. 2019.

2019– Toledo (Lucas County) 

• Josh Abernathy takes BOE to Ohio Supreme Court and loses – Community group does not wait for response from courts and begins campaign right away; Community group spends $6000 on the campaign. Opposition – oil and gas- spends $300,000 in two weeks in an attempt to sway voters – LEBOR passes in Feb. 2019 with 65% of the vote
• The City of Toledo is sued the following day by a corporate farm
• Three residents of Toledo file a lawsuit against the State of Ohio for violating theirs and Lake Erie’s rights. Ferner vs the State of Ohio. The county court ruled in favor of the state of Ohio. The residents appealed. 

Columbus (Franklin County)

• Fourth attempt: Residents group proposes CBOR Charter Amendment by initiative to ban fracking and disposal of waste 

Portage County

• Fifth attempt: Community group continued to collect signatures on last year’s initiative, insufficient to submit

Williams County

• Community group proposed County Charter by an initiative to protect regional aquifer; gathered enough signatures to qualify for ballot; group currently fighting to get on ballot 
• BOE declares it won’t go to ballot; opposition from BOE, state, and County Commissioners. Ohio Supreme Court ruled against community group, ballot access denied

Federal Civil Rights lawsuit filed on behalf of 7 communities based on civil rights violations by the state of Ohio and 7 county boards of elections by keeping citizen initiatives off ballots unconstitutionally and violating due process, separation of powers and voter suppression. The case is still pending in appeal 

2020 – Toledo (Lucas County) 

• Court overturns LEBOR – declaring it harmed the state’s ability to issue permits to pollute and is simultaneously too vague; City of Toledo files a motion to appeal in March and quietly and voluntarily withdraws appeal in May 2020
• Sept. 2020, the appellate court in Ferner vs State of Ohio rules that the people do have a justiciable claim and remand the case back to county court. Case is ongoing

More Resources

Read the CELDF report “In Plain Sight: Anatomy of a STATE And Corporate Attack on a People’s Movement.” The report examines Ohio.

Read more about the Lake Erie Bill of Rights, the solidarity it is helping build and the arguments it is advancing.

Contact CELDF Community Organizer Tish O’Dell: tish@celdf.org

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