Lake Erie Bill of Rights (LEBOR) on February special election ballot

**UPDATE: The Ohio Supreme Court ruled in favor of the Lake Erie Bill of Rights appearing on the Toledo special election ballot Feb. 26. Here is a Jan. 29 Legal with Leah update from Leah Curtis.

You could be sued by Lake Erie, or more precisely, by any resident of Toledo who wants to speak for the lake and finds fault with the way you’re farming or doing business.

It sounds incredible, but the threat is real enough that Farm Bureau is engaged in the legal maneuvering.

Farm Bureau Policy Counsel Leah Curtis explains that a proposed amendment to the Toledo City Charter may be on the ballot during a special election Feb. 26. The measure would give Lake Erie and its watershed legal standing in court and allow any Toledo citizen to represent the lake and file lawsuits on its behalf.

The rights this measure would grant the lake include, “an ability to exist, flourish, be free from pollution” and other broadly described entitlements. Any farming practice that allegedly infringes on these rights presumably makes the farmer subject to a lawsuit. Farmers, businesses and government entities in the Lake Erie Watershed could be at risk of being sued.

Lake activists attempted this last fall, she said, but the board of elections refused to put it on the ballot based on court instructions. Since then, new legal precedent led the board of elections to allow the measure to go to a vote Feb. 26.

The issue potentially impacts all Ohioans as this case could establish law that applies statewide.

Stay updated on court actions and other aspects of this developing story in upcoming editions of the Buckeye Farm e-Newsletter, available to Farm Bureau member.

Regulation through litigation

The Lake Erie Bill of Rights (LEBOR) is an example of a growing trend toward regulation through litigation. Aggrieved parties who have been unable to create public policy through the legislative process are turning to lawsuits as a means of getting their way. This tactic is also expensive, requiring additional time and legal fees for agricultural groups to counter in the courts.

“They’re hoping to get a friendly judge or jury to override lawmakers and rule writers,” said OFBF Senior Director of National and State Policy Jack Irvin.

“Bypassing the legislative process isn’t a thoughtful way to govern, but we’re seeing it more and more,” he said.

Policy Counsel Leah Curtis also offered sound advice.

“A good rule of thumb is when you’re presented with a petition from someone to sign, make sure you understand it, make sure you actually look at the language,” she said. “We hear from people all the time who say they didn’t know that’s what they were signing.”