Ohio Supreme Court blocks citizen-led data center referendum from appearing on ballot in Wilmington
The Ohio Supreme Court has blocked a citizen-led ballot initiative in Wilmington that aimed to establish new regulations for data centers concerning noise, water usage, and generators. The court ruled that the referendum was not permissible under Ohio law as it would allow citizens to sue data centers over zoning violations. This decision comes amidst ongoing resident backlash against a large Amazon data center project in the city.
A ballot initiative proposed by Wilmington resident Quintin Koger Kidd, which sought to impose new regulations on data centers within city limits regarding noise, water usage, and generators, will not appear on the upcoming ballot.
On Friday, the Ohio Supreme Court upheld an earlier decision by the Clinton County Board of Elections to block the referendum. The court's 6-1 majority opinion stated that the initiative was legally impermissible because it would allow citizens to file civil actions against data centers for zoning violations, a power not authorized for municipal corporations to delegate to citizens under Ohio law.
Justice Patrick Fischer, in his lone dissent, argued that the legality of proposed legislation should be determined by the judiciary post-enactment, not by election boards. Justice Jennifer Brunner concurred with the majority, citing concerns over public expense for potentially invalidated elections, while also expressing sympathy for Fischer's viewpoint.
This ruling occurs as Amazon is pursuing the development of a significant data center in Wilmington, a project that has already encountered multiple legal challenges and considerable opposition from residents over the past year.