The Summary

County

INITIATIVE PETITION
Amendment to the Constitution
Proposed by Initiative Petition
To be Submitted Directly to the Electors

SUMMARY

This Amendment would add a new section 23 to Article I of the Ohio Constitution:

The Protecting Ohioans’ Constitutional Rights Amendment creates a private cause of action on behalf of persons whose rights, privileges and immunities under Ohio’s Constitution are violated, or caused to be violated, by “government actors.”

Government actors under the terms of this Amendment include:

  1. The “State” of Ohio, which is defined to include (but not limited to) the offices of all elected state officers and all departments and instrumentalities of the State of Ohio.
  2. “Political subdivisions” of Ohio, defined as any body corporate or politic responsible for governmental activities within a geographic subsection of the State (e.g., municipal corporation, township, county, school district).
  3. “Public employees” of the State or its political subdivisions, defined to include any individual acting as officer, agent, employee, or servant — whether full-time, part-time, paid, or unpaid — within the scope of their authority.
  4. Any individual or “business entity” (including corporations, associations, firms, LLCs, partnerships, sole proprietorships) acting as an independent contractor under color of law for the State or its subdivisions.

A government actor is liable if it is proven by a preponderance of the evidence that its acts or omissions caused the deprivation of a person’s rights under the Ohio Constitution.

In addition:

  • The State and political subdivisions are liable for the conduct of their public employees or contractors found liable for constitutional violations while acting on their behalf or under color of law — even if not directly named in the lawsuit.
  • Termination of a public employee does not eliminate the State or subdivision’s liability for that employee’s conduct.

Jurisdiction & Immunity

  • Ohio’s Courts of Common Pleas have subject matter jurisdiction.
  • Venue is determined by existing Ohio civil procedure laws.
  • No government actor may rely on any immunities specific to government entities, including:
    1. Qualified immunity
    2. Sovereign immunity
    3. Prosecutorial immunity
    4. Statutory immunities

Available Remedies

  1. Compensation for economic and non-economic damages, without limit
  2. Equitable or injunctive relief
  3. Reasonable attorney’s fees, regardless of hourly, contingent, or pro bono basis
  4. Other remedies under state, federal, or common law

Courts must also order liable actors to take reasonable measures to prevent future violations.

  • A finding of liability against a public employee constitutes just cause for termination.
  • The right to trial may be before a jury or judge, at the plaintiff's discretion.
  • All violations must be proven by a preponderance of evidence.
  • Claims must be filed within six years of the alleged violation.
  • All provisions are self-executing and severable.

CERTIFICATION OF THE ATTORNEY GENERAL

Without passing on the advisability of the approval or rejection of the measure to be referred, I certify the summary of the proposed amendment in compliance with the March 14, 2025 order in Brown v. Yost, U.S. District Court for the Southern District of Ohio, Case No. 2:22-cv-01401.

DAVE YOST
Ohio Attorney General

Re: “Protecting Ohioans’ Constitutional Rights” Amendment
April 22, 2025

COMMITTEE TO REPRESENT THE PETITIONERS

The following persons are designated as a committee to represent the petitioners in all matters relating to the petition or its circulation:

  • Cynthia Brown, 1141 N Highland Ave, Girard, Ohio 44420
  • Carlos Buford, 2130 Della Drive, Dayton, Ohio 45417
  • Jenny Sue Rowe, 61 Leppo Lane, Mansfield, Ohio 44907
  • Marije Rivers, 1521 Menio Place, Columbus, Ohio 43203
  • Hamza Khabir, 26 Gould Avenue, Bedford, Ohio 44146