The Ohio Supreme Court denied a request Friday to force the Lucas County Board of Elections to place a Lake Erie Bill of Rights initiative on the November ballot.

Last month, Toledoans for Safe Water filed a lawsuit with the court against the elections board for denying the group’s request to have its proposed measure on the ballot that calls for a vote to amend the Toledo City Charter and declare the Lake Erie watershed has legal rights to “exist and flourish.” It also proposes the world’s 11th largest body of water be given rights as an ecosystem that citizens would be legally entitled to defend.

The Supreme Court found the Toledoans for Safe Water failed to show the elections board abused discretion or disregarded the law by rejecting their petition.

Assistant county prosecutor Kevin Pituch, who represented the elections board, said in an email Friday he is pleased with the decision. He previously argued the Lake Erie group’s proposal went beyond the scope of what city law could enforce.

"The Court recognized that the Board of Elections followed the law when it denied ballot access to the Lake Erie Bill of Rights charter amendment,” he said, “because, by creating a new cause of action for the enforcement of the Bill of Rights, the proposed amendment exceeded the authority possessed by the City of Toledo or its citizens."

Sean Nestor, campaign manager for Toledoans for Safe Water, and the group’s attorney, Terry Lodge, agreed Friday that political appointees to election boards have too much power in determining whether important measures go before voters. The group intends to submit a motion Monday asking the Ohio Supreme Court to reconsider its decision. 

“Essentially, we don't think this is over,” Mr. Nestor said.

First Published September 21, 2018, 9:21 p.m.