Controversial anti-fracking bill unconstitutional, says City Law Director

The Kent Community Bill of Rights, a charter amendment drafted by KERG on the ballot this election season, has stirred up some controversy. Kent City Law Director James Silver believes the bill to be unconstitutional and violating both state and federal laws. The bill gives the citizens of Kent the right to clean water, fresh air, and bans fracking within the city.

When approached with the bill, Siver responded with a 10-page memo explaining in detail his issues. Silver says the bill is vague and he cannot enforce it. More specifically, he says parts of the bill are outright unconstitutional:

KERG responded to Silver’s complaints, detailing and clarifying their bill. Perry Phillips, community organizer for KERG, said many other towns and cities have passed nearly identical charter amendments. Broadview Heights and Mansfield approved their community bill of rights charters in 2012. Yellow Springs, Athens, Cincinnati and Niles have also passed a bill of rights in various forms.

Broadview Heights is now facing a lawsuit from Bass Energy Inc. and Ohio Valley Energy Systems Inc. for their charter. The state of Ohio says local communities do not have a say in approving drilling. Silver fears Kent will face similar litigation.