Ohio AG Approves Initiative to Ban Police Immunity

COLUMBUS, Ohio — Following a decisive ruling by the U.S. Supreme Court, Ohio’s Republican Attorney General Dave Yost announced on Tuesday his decision to step back from his opposition and allow a proposed constitutional amendment to proceed. This amendment aims to abolish qualified immunity for police officers and other public employees.
The Supreme Court’s decision was made as it chose not to intervene against a preliminary injunction issued by the U.S. District Court for the Southern District of Ohio. This lower court had previously sided with supporters of the amendment, determining that their First Amendment rights had been likely infringed upon.
Faced with the possibility of Ohio’s long-standing ballot initiative process being declared unconstitutional, Yost promptly withdrew his appeal in the Sixth Circuit Court of Appeals on the same day.
Yost had previously objected to the proposed summary language for the measure, arguing it was neither a fair nor accurate description of the amendment’s purpose. However, the lower courts found that his actions imposed a “severe burden” on those trying to engage voters and adhere to deadlines. They also disagreed with Yost’s assertion that the case should be overseen by the Ohio Supreme Court.
Critics, such as Mark Brown, a lawyer representing the amendment’s supporters, claim, “Dave Yost has shown he cannot be trusted with such power. Granting any state official, particularly one who is elected, that level of authority is inadvisable. The Supreme Court’s decision was correct.”
In response, Yost stated he intends to collaborate with the Republican-dominated state Legislature to develop legislation aimed at “reforming the ballot initiative summary process to uphold the integrity of Ohio’s elections and protect free speech.”
If passed, this constitutional amendment would revoke qualified immunity, the legal guard that currently shields police and other government workers from lawsuits alleging violations of constitutional rights. The next step for this measure is a review by the Ohio Ballot Board.