This article by Tom Henry was published in The Blade on February 27th, 2019.
The Lake Erie Bill of Rights was invalidated Thursday night by U.S. District Judge Jack Zouhary, who said in an eight-page ruling that his decision was “not a close call” because he believes the citizen-led referendum — though approved by a majority of Toledo voters in a special election last year — “is unconstitutionally vague and exceeds the power of municipal government in Ohio.”
Judge Zouhary’s ruling came exactly one year to the day since the lawsuit challenging the referendum’s successful passage was filed by an agricultural corporation called Drewes Farms, which is based 40 miles southwest of Toledo near the Wood County town of Custar, Ohio.
LEBOR, as the Lake Erie Bill of Rights is often called, was approved by Toledo voters at a special election on Feb. 26, 2019. Hours later, on the morning of Feb. 27, 2019, the lawsuit challenging its constitutionality was filed by the group of farms.
“This is not a close call,” Judge Zouhary wrote in his decision. “LEBOR is unconstitutionally vague and exceeds the power of municipal government in Ohio.”
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