Keep the Jail Downtown Toledo's months-long effort to secure ballot access succeeded Tuesday, confirming a February special election for city voters.
The Lucas County Board of Elections unanimously approved placing before voters Feb. 26 a submitted Toledo City Charter amendment. It proposes restricting any jail built within the city to the downtown area.
County officials maintain, however, that such an amendment is unconstitutional and unenforceable. Elections administrators have estimated a special election will cost the city about $240,000.
Members of Keep the Jail Downtown Toledo were pleased with the decision after an ongoing uphill battle, said Mary Dutkowski, a group leader.
“We'll be reaching out to every voter in the city of Toledo. We feel we have the support, and we will be speaking to people, and we should be successful come February,” Ms. Dutkowski said.
As to its constitutionality, Ms. Dutkowski said if the county wishes to dispute the amendment upon passage, it will be between attorneys to settle.
A proposed jail site along the 5700 block of North Detroit Avenue in North Toledo has met opposition from the citizen group. Leaders this summer completed a signature collection drive. The board of elections initially rejected the measure as unenforceable.
The Ohio Supreme Court later ruled Toledo City Council failed to properly pass a required ordinance submitting the proposed amendment. That ultimately set up this special election.
Kevin Pituch, an assistant Lucas County prosecutor who represents the elections board, advised members Tuesday to move it forward.
“Giving the language by the Supreme Court, I think the board has no choice, given the ordinance enacted by City Council, to vote to put it on the ballot,” Mr. Pituch said.
In an interview, Mr. Pituch said he expects a court challenge will occur should the measure pass. Toledo voters may tell the city where it can construct a jail, but not other jurisdictions, he said.
“That's certainly within the authority of the voters, but they don't have the authority to direct other aspects of government, in terms of the county, the state, or the federal government,” he said.
Earlier this month, 59 percent of county voters opposed Issue 10, a separate bond issue that would have funded a $185 million jail and behavioral health solution center. County officials said afterward they are reviewing potential options, but not looking at other sites.
First Published November 20, 2018, 5:04 p.m.
