Wilmington data center opponents lose bid for November ballot measure

The Ohio Supreme Court ruled against Wilmington residents who sought to place an initiative on the November ballot that would have allowed citizens to sue data centers for zoning violations and established new environmental standards. The court, with a 20-18 vote, determined that only the state legislature can authorize such lawsuits, thereby allowing the Clinton County Board of Elections to reject the initiative.

Attorney Joshua Engal, representing the opponents, criticized the secretive nature of the deal for the proposed $4 billion Amazon Web Services data center, which was negotiated by unelected organizations like Jobs Ohio and a port authority. Despite this setback, Engal affirmed that the fight is not over, revealing he is pursuing a separate lawsuit challenging the Wilmington City Council's emergency rezoning approval. This rezoning, which changed the land from Rural Residential to Light Industrial, was passed in early September alongside an emergency noise ordinance.

Residents had previously raised concerns about the data center at a September 3 council meeting, which was held after a federal judge mandated compliance with Ohio's open-meetings laws. The city had attempted to expedite these ordinances, which take immediate effect, to bypass typical waiting periods that allow for public challenge.