Farmers Sue to Stop Measure Giving Lake Erie Legal Rights

The Associated Press reported last week that, “An unusual ballot measure approved by voters in Ohio’s fourth-largest city to give legal rights to Lake Erie is being challenged by farmers in a federal lawsuit that was filed Wednesday.

“The lawsuit names the city of Toledo, where voters overwhelming approved the Lake Erie Bill of Rights during a special election on Tuesday. The measure seeks to add new protections for Lake Erie by allowing people to file lawsuits on its behalf.

The plaintiffs, members of a fifth-generation farm family in Wood County, call the measure an assault on the fundamental rights of farmers in the Lake Erie region.”

The AP article indicated that, “Farmers are concerned the measure opens the door for lawsuits that would force them to make costly changes to the way they farm. The lawsuit claims it violates farmers’ constitutional rights and is unenforceable because it is too vague. It also seeks to immediately stop the new law from being enforced.

“Legal experts have raised doubts about whether the law can survive a court challenge.

“Case Western Reserve University law professor Jonathan Adler told the law oversteps the city’s jurisdiction because Lake Erie extends far beyond Toledo.”

This entry was posted in Agriculture Law. Bookmark the permalink. Both comments and trackbacks are currently closed.