Court rules proposed Wilmington data center ordinance cannot go before voters
The Ohio Supreme Court ruled that a proposed Wilmington ordinance to regulate data centers cannot appear on the November 3 ballot. The court found that a provision allowing private citizens to sue data center operators for zoning violations exceeded the city's authority. This decision prevents the measure, which included standards for noise, water use, and emissions, from being put to a public vote.
The Ohio Supreme Court has ruled that a proposed ordinance in Wilmington, Ohio, aimed at regulating data centers will not be placed on the November 3 general election ballot. The court's decision, issued Friday, stated that the measure exceeded the city's authority, specifically citing a provision that would have allowed private citizens to sue data center operators for alleged zoning violations.
The proposed ordinance, intended to govern an Amazon data center slated for farmland south of downtown Wilmington, sought to establish standards for issues such as noise, lighting, emissions, generator testing, water use, wastewater discharge, and heat generation. It also included provisions for courts to impose daily fines, suspend occupancy certificates, or revoke conditional use permits for data center operations.
Initially, the Clinton County Board of Elections had verified sufficient signatures to place the initiative on the ballot. However, after the city law director raised concerns about the private right to sue, the board unanimously voted in August to not certify the initiative. Supporters of the measure subsequently petitioned the state's highest court to mandate its inclusion on the ballot, a request that was ultimately denied.
Justice Patrick F. Fischer dissented from the majority opinion, arguing that the legality of a proposed ordinance should be determined by courts after voter approval, rather than by election boards.