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Toledo, Ohio, Question 2, "Lake Erie Bill of Rights" Initiative (February 2019)
| Question 2: Toledo "Lake Erie Bill of Rights" Initiative |
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| The basics |
| Election date: |
| February 26, 2019 |
| Status: |
 Overturned
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| Topic: |
| Local environment |
| Related articles |
| Local environment on the ballot February 26, 2019 ballot measures in Ohio Lucas County, Ohio ballot measures |
| See also |
| Toledo, Ohio |
A citizen initiative to include a law in the city charter holding liable any public or private entity that violates what proponents termed the "Lake Erie Bill of Rights" was on the ballot for Toledo voters in Lucas County, Ohio, on February 26, 2019. Although a majority of voters approved the initiative, a district judge overturned the initiative on February 27, 2020.
| A yes vote was a vote in favor of amending the city charter to include the "Lake Erie Bill of Rights" and related prohibitions and rules of enforcement. |
| A no vote was a vote against amending the city charter to include the "Lake Erie Bill of Rights" and related prohibitions and rules of enforcement. |
Aftermath
State legislation preempting legal rights of nature
On July 18, 2019, Gov. Mike DeWine (R) signed legislation that was included in the state budget bill that prohibits legal actions on behalf of nature or an ecosystem. The provision stated, "Nature or any ecosystem does not have standing to participate in or bring an action in any court of common pleas. No person, on behalf of or representing nature or an ecosystem, shall bring an action in any court of common pleas.”[1]
Lawsuit
| Lawsuit overview | |
| Issue: Constitutionality and lawfulness of the "Lake Erie Bill of Rights" | |
| Court: United States District Court for the Northern District of Ohio | |
| Ruling: The initiative was ruled invalid in its entirety | |
| Plaintiff(s): Drewes Farms Partnership | Defendant(s): City of Toledo, Ohio |
Source: Courthouse News
Following the approval of Question 2, Drewes Farms Partnership filed a lawsuit against the city of Toledo regarding the measure on February 27, 2019. Drewes Farms stated in the filing that the "Lake Erie Bill of Rights" (LEBOR) is "unconstitutional and unlawful" and that LEBOR threatened the farm's ability to properly fertilize its fields because it could not guarantee that runoff from fertilization would not enter the Lake Erie watershed. The plaintiff requested that the court issue a permanent injunction on LEBOR to prohibit its enforcement.[2]
On February 27, 2020, U.S. District Court Judge Jack Zouhary ruled that LEBOR was invalid in its entirety because it was “unconstitutionally vague and exceeds the power of municipal government in Ohio.” Toledoans for Safe Water, who advocated for the initiative, said in response to the ruling, "In an unfortunate but predictable decision, he invalidated the democratically enacted Lake Erie Bill of Rights. This local charter amendment was the first of its kind in the United States."[3][4]
To view the court filing, click here.
Election results
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Toledo, Ohio, Question 2, "Lake Erie Bill of Rights" Initiative (February 2019) |
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| Result | Votes | Percentage | ||
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9,955 | 61.39% | ||
| No | 6,260 | 38.61% | ||
Measure design
"Community bill of rights"
The following statements were listed as a "community bill of rights" in the text of the initiative:[5]
| “ |
(a) Rights of Lake Erie Ecosystem. Lake Erie, and the Lake Erie watershed, possess the right to exist, flourish, and naturally evolve. The Lake Erie Ecosystem shall include all natural water features, communities of organisms, soil as well as terrestrial and aquatic sub ecosystems that are part of Lake Erie and its watershed. (b) Right to a Clean and Healthy Environment. The people of the City of Toledo possess the right to a clean and healthy environment, which shall include the right to a clean and healthy Lake Erie and Lake Erie ecosystem. (c) Right of Local Community Self-Government. The people of the City of Toledo possess both a collective and individual right to self-government in their local community, a right to a system of government that embodies that right, and the right to a system of government that protects and secures their human, civil, and collective rights. (d) Rights as Self-Executing. All rights secured by this law are inherent, fundamental, and unalienable, and shall be self-executing and enforceable against both private and public actors. Further implementing legislation shall not be required for the City of Toledo, the residents of the City, or the ecosystems and natural communities protected by this law, to enforce all of the provisions of this law.[6] |
” |
| —Section 1 - Statements of Law - A Community Bill of Rights | ||
Other provisions
The initiative stated that it would be unlawful for any business entity or government to violate the rights listed in the text of the measure. It also stated that any business permits, licenses, privileges, charters, or other authorizations in conflict with the provisions of the initiative would be invalid and that violating governments or businesses would be subject to a fine. Under Question 2, the city and residents would be permitted to enforce the provisions of the initiative through court action in the Lucas County Court of Common Pleas, General Division.[7]
Text of measure
Ballot question
The ballot question was as follows:[8]
| “ |
Shall the Charter of the City of Toledo be amended by adding a new Section to the Charter entitled “Lake Erie Bill of Rights”?[6] |
” |
Full text
The full text of the measure is available here. (Scroll to page 4.)
Support
Proponents
The group Toledoans for Safe Water led the effort to place Question 2 on the ballot and led the campaign in support of the initiative. The group described itself on its website as a "grassroots organization in the Toledo area working to establish a Bill of Rights to protect Lake Erie and the communities that rely on its health and viability."[9]
Argument
Toledoans for Safe Water made the following statement in support of the initiative:[9]
| “ |
In August of 2014, the Western Basin of Lake Erie was devastated by a harmful bloom of cyanobacteria (blue-green algae). Nearly 500,000 Toledo area residents had no clean drinking water for three days due to high levels of Microcystin. A multitude of factors has left Lake Erie vulnerable to these frequent and intense algal blooms. Toledoans for Safe Water wants to take back the Lake and protect the people's right to access safe and clean water and the Lake's right to exist and flourish.[6] |
” |
| —Toledoans for Safe Water | ||
Opposition
Opponents
Toledo resident Josh Abernathy filed a lawsuit against the initiative after the Lucas County Board of Elections voted to place Question 2 on the ballot.
Arguments
- Josh Abernathy made the following arguments against the "Lake Erie Bill of Rights" in State ex rel. Abernathy v. Lucas Cty. Bd. of Elections:[10][11]
- Abernathy argued that the provisions in the initiative went beyond the city's scope to enact.
- Abernathy also argued that a previous Ohio Supreme Court decision in State ex rel. Twitchell v. Saferin prevented Question 2 from being placed on the ballot. The court had ruled in State ex rel. Twitchell v. Saferin that the county board of elections had acted lawfully when it rejected the initiative from the ballot on August 28, 2018—a decision that the county board later reversed.
- The Lucas County assistant county prosecutor, Kevin Pituch, stated after the county board's initial rejection that "the proposed amendment exceeded the authority possessed by the City of Toledo or its citizens."[12]
Background
Tolodeans for Safe Water, the group behind the initiative, formed following events in August 2014 that led the city of Toledo to issue a drinking water ban. According to Dr. Jeffrey Reutter, then-director of the Ohio Sea Grant at Ohio State University, a harmful algal bloom (HAB) caused toxin levels, including the level of microcystin, to rise to unsafe levels near Toledo's water plant in Lake Erie on August 2, 2014. He reported that the toxin concentration in Toledo's drinking water rose above 1.0 part per billion (ppb), surpassing the World Health Organization's recommendation for safe drinking water. The city's drinking water advisory lasted from August 2 to August 4, 2014. Toledoans for Safe Water stated on its website that Lake Erie is "vulnerable to these frequent and intense algal blooms" and that the group developed the initiative to "take back the Lake and protect the people's right to access safe and clean water and the Lake's right to exist and flourish."[9][13]
Toledoans for Safe Water brought in the Community Environmental Legal Defense Fund (CELDF), based in Mercersburg, Pennsylvania, to draft the "Lake Erie Bill of Rights" as part of a movement known as the "Rights of Nature." According to its website, CELDF has worked with communities in the U.S. as well as Ecuador and Bolivia to establish laws that "change the status of ecosystems and natural communities to being recognized as rights-bearing entities."[14]
Path to the ballot
This measure was put on the ballot through a successful initiative petition campaign led by Toledoans for Safe Water. In 2018, the group collected the requisite number of signatures to place the initiative on the general election ballot on November 6, 2018. Valid signatures equal to 10 percent of votes last cast for mayor were required. This amounted to an estimated requirement of 5,148. However, the Lucas County Board of Elections rejected the initiative on August 28, 2018, stating that enforcement of the measure was outside of the city's scope. Toledoans for Safe Water filed a lawsuit against the county board that went before the Ohio Supreme Court. The court ruled against initiative proponents on September 21, 2018, stating that the county board had acted lawfully in rejecting the initiative. Proponents then asked the Toledo City Council to place the measure on the special election ballot, and the council voted unanimously (11-0) on December 4, 2018, to send the initiative to the ballot.[12][15][16]
The Lucas County Board of Elections reviewed the initiative a second time and voted unanimously (3-0) on December 21, 2018, to place Question 2 on the February ballot. City resident Josh Abernathy then filed a lawsuit seeking to reverse the board's decision. The Ohio Supreme Court ruled against Abernathy on January 23, 2019, allowing the initiative to stay on the ballot.[16][17]
See also
External links
Support
Footnotes
- ↑ Norwalk Reflector, "Ohio legislature bans rights of nature enforcement," July 18, 2019
- ↑ Courthouse News Service, "Drewes Farm Partnership v. City of Toledo, Ohio," filed February 27, 2019
- ↑ Court Listener, Drewes Farms Partnership v. City of Toledo, Ohio, accessed March 3, 2020
- ↑ Toledo Blade, "AG Yost: Let's save lake 'legally' after Lake Erie Bill of Rights invalidated," February 28, 2020
- ↑ Toledoans for Safe Water, "The Lake Erie Bill of Rights Citizens Initiative," accessed February 7, 2019
- ↑ 6.0 6.1 6.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Toledoans for Safe Water, "Our Initiative," accessed February 7, 2019
- ↑ Lucas County, "Ballot Issues," accessed January 27, 2019
- ↑ 9.0 9.1 9.2 Toledoans for Safe Water, "Home," accessed February 7, 2019
- ↑ Ohio Supreme Court, " State ex rel. Abernathy v. Lucas Cty. Bd. of Elections," accessed February 7, 2019
- ↑ The Toledo Blade, "Vote postponed to place Lake Erie Bill of Rights on February ballot," December 10, 2018
- ↑ 12.0 12.1 The Toledo Blade, "Justices deny request to put Lake Erie Bill of Rights on ballot," September 21, 2018
- ↑ Ohio State University, "Harmful Algal Bloom Q&A and Updates," August 5, 2015
- ↑ CELDF ,"Rights of Nature: FAQs," accessed February 7, 2019
- ↑ The Toledo Blade, "Board of Elections rejects downtown jail, Lake Erie bill of rights petitions," August 28, 2018
- ↑ 16.0 16.1 City of Toledo, "Meeting Agenda," December 4, 2018 Cite error: Invalid
<ref>tag; name "Council" defined multiple times with different content - ↑ The Toledo Blade, "Ohio court rejects final Lake Erie Bill of Rights ballot challenge," January 23, 2019
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