Aug. 26, 2026: Emporia City Commission talks on data center petitions
An initiative petition was filed in Emporia, Kansas, proposing an ordinance to prohibit high-impact data centers and battery energy storage systems within the city. The Lyon County election officer certified the petition signatures, prompting the city to file a declaratory judgment action in Lyon County District Court to determine the ordinance's legal validity. The Emporia City Commission subsequently authorized hiring outside legal counsel to address the matter.
On July 14, 2026, an initiative petition was filed with the Emporia city clerk in Kansas, proposing an ordinance to prohibit the installation and operation of "high impact data centers" within the city limits. A separate, related petition was also submitted on the same day, proposing an ordinance to ban tier two and tier three battery energy storage systems (BESS).
The Lyon County election officer certified that both petitions contained a sufficient number of signatures, qualifying them for a public vote. In response, the city of Emporia filed a declaratory judgment action in Lyon County District Court. The city seeks a legal determination on whether the proposed ordinance is legislative—and thus a proper subject for an initiative petition—or administrative, which would disqualify it from the initiative process.
During their latest meeting, the Emporia City Commission authorized filing a motion to ask the court to review the BESS ordinance in conjunction with the data center ordinance already pending. The commission also approved the hiring of outside legal counsel to assist with the legal proceedings related to these petitions.