Ohio Activists Push to End Qualified Immunity with Ballot Amendment

COLUMBUS, Ohio — Activists in Ohio have begun gathering signatures to propose a constitutional amendment aimed at ending qualified immunity, a legal protection that shields police and government officials from being sued by citizens.

Steven Rockich, a resident of Akron, was involved in an incident where a police officer caused an accident that damaged four of his vehicles. “I could not believe my eyes, man, I was like what the heck?” Rockich recounted, expressing his disbelief as he surveyed the damage.

Despite the officer being found liable, Rockich learned that he cannot receive compensation due to the existing legal protections. “The towing that I had to pay out-of-pocket was over $600, and then my car was worth over $5,000, so it’s all out the window— just smashed,” he said.

Ohio law currently requires victims to prove that their constitutional rights were violated in order to hold government officials liable, a fact that activist Marije Rivers highlighted. “It’s hard to prove that exact, because you would initially need full evidence, with redactions, with opinions, with point of views, audio,” Rivers said, describing the complex nature of legal disputes under the current system.

Rivers is working with the Ohio Coalition to End Qualified Immunity to collect signatures for the proposed amendment, which would allow victims to sue for damages without the hurdles imposed by qualified immunity laws.

Data from News 5 Investigators revealed a concerning trend: thousands of at-fault accidents involving emergency vehicles have been documented over the past five years in Ohio. In response, Jay McDonald, President of the Ohio Fraternal Order of Police, argued that qualified immunity is essential for officers fulfilling their duties. “If I am worried about whether or not I’m going to get sued and lose my house and put my family at risk, then I’m also going to be worried about whether I should proactively police that neighborhood,” McDonald stated.

When asked about liability for accidents, McDonald noted existing frameworks cover those costs: “We don’t need a complete expansion of litigation rights that could cause taxes to go up, could cause cops to cease working in this profession.” Rivers countered that current legal remedies often fall short: “The city will fund and insure what they want to fund and insure,” she explained.

McDonald also raised concerns about the broader implications of the amendment, particularly for employees like teachers and lunch staff, stating, “This impacts children’s services workers, teachers, custodial people at schools. We’re exposing the lunch lady at your local elementary school to litigation that doesn’t exist today.”

Despite opposition, including from Attorney General Dave Yost, a federal court recently mandated that Yost approve the petition, allowing Rivers and her team to begin collecting the necessary 415,000 signatures by early July.

In the meantime, Rockich continues to cover his own costs. “They said that they’re not going to pay anything for what just happened because it’s full immunity,” he said, highlighting the financial burdens faced under the current legal structure. Activists are aiming to have the amendment on the ballot this November.