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Forest Park law director warns council of petition to remove sovereign immunity in Ohio
Summary
Law Director John Wykoff told council members that a group collecting signatures seeks a constitutional amendment to remove sovereign immunity, which could expose municipalities to uncapped damages and litigation costs; he explained the difference between sovereign immunity and qualified immunity.
John Wykoff, Forest Park's law director, told the council on May 4 that attorneys informed him an organization in Ohio is collecting signatures to place an amendment on the ballot that would eliminate sovereign immunity for municipalities, townships and school districts.
Wykoff said such a change would make cities financially vulnerable because it would permit uncapped damages and attorneys' fees against local governments. "It would have unlimited damages to be awarded, uncapped attorneys fees," Wykoff said, and could be "financially devastating to all entities, whether it's a school district or the city, the county, the state." He said the group described itself informally as "the coalition," and that he could provide additional context if council members were asked by constituents.
Council members asked whether sovereign immunity differs from qualified immunity; Wykoff explained that they are distinct legal doctrines. He said qualified immunity is the two-pronged test applied to individual officers in civil-rights litigation, while sovereign immunity protects government entities from many claims unless conduct is reckless or intentional. He cautioned that eliminating sovereign immunity could increase municipal exposure for routine governmental activities such as parks or pool operations.
Wykoff offered to answer questions from council members about the petition and its possible local impact but did not identify the petition group's formal name on the record.
