By Matt Reese
On Feb. 27, 2019, Wood County farmer Mark Drewes filed a lawsuit challenging the constitutionality and legal status of the Lake Erie Bill of Rights. The previous day, Toledo voters had approved creation of LEBOR during a special election. On Feb. 27, 2020, U.S. District Judge Jack Zouhary ruled LEBOR as “invalid,?? ruling in favor of Drewes.
LEBOR granted rights to Lake Erie and empowered any Toledo citizen to file lawsuits on behalf of Lake Erie. It gave Toledoans authority over nearly 5 million Ohioans, thousands of farms, more than 400,000 businesses and every level of government in 35 northern Ohio counties plus parts of Michigan, Indiana, Pennsylvania, New York and Canada. LEBOR was passed despite the prevailing legal opinion that many of its provisions were unconstitutional at the time. Those legal opinions were reiterated in Judge Zouhary’s conclusion: “Frustrated by the status quo, LEBOR supporters knocked on doors, engaged their fellow citizens, and used the democratic process to pursue a well-intentioned goal: the protection of Lake Erie.? Continue reading
