CINCINNATI — Organizers could soon begin petitioning across the state for a proposed constitutional amendment that would eliminate legal immunity that protects police, prosecutors, teachers and many other public servants in Ohio from civil lawsuits.
After a hard-fought back and forth, Ohio Attorney General Dave Yost ruled last month that the Ohio Coalition to End Qualified Immunity (OCEQI) accurately summarized its proposed amendment on petition forms and can begin collecting signatures from voters.
The organization needs at least 413,487 signatures by the first week of July to qualify for the fall 2025 ballot. Those advocating to end qualified immunity say it has allowed government employees to violate citizens' rights without any consequences.
“It’s almost impossible to sue your government when they violate your constitutional rights," said Kyle Pierce, executive director of the OCEQI. “Don’t you think that ought to be changed here in Ohio? And a lot of people kind of fall into the same mindset. It’s a very American ideal — it’s not left, it’s not right.”
Qualified immunity protects government officials like teachers and police officers from lawsuits if they are accused of violating a person’s [civil] rights while working in their official capacity.
"Qualified immunity exists for a reason," Ken Kober the president of the Cincinnati Fraternal Order of Police said. "It exists for the balance between the accountability between public servants as well as to protect them from frivolous lawsuits."
Kober said the ballot measure could do damage to law enforcement. He cites policies already on the books to discipline officers. In its draft form right now, the amendment would lift this protection. However, it would specify that financial damages would be on the government agency, not the government employee.
"[If] You violate somebody’s constitutional rights, or you violate a law in such a way that reasonable person in that field would know that it’s wrong you already don’t get qualified immunity," Kober said. "So, these things are already in place. To just blanket get rid of qualified immunity is going to damage public servants; people are going to leave."
If it passes, Ohio would be the first state in the country to end qualified immunity by the people's vote.
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