LAKEWOOD, OHIO — DannLaw today filed an amicus curiae brief in the Supreme Court of Ohio on behalf of Data Center Resistance, an Ohio nonprofit corporation, in the case of State of Ohio ex rel. Laura McNamara Smith, et al. v. April Grube (Case No. 2026-). The brief urges the Court to protect Ohio citizens’ constitutional right of initiative in the face of efforts by the City of Trenton to block a citizen-driven ballot measure on data center development.
In Trenton, Ohio, a group of citizens sought to exercise their constitutional initiative power to amend the City’s charter and enact a moratorium on data center construction. The citizens obtained the number of valid petition signatures that the Butler County Board of Elections determined was required under Ohio’s Constitution. However, the Trenton City Council passed an ordinance declaring that a significantly higher number of signatures was needed under the City’s Charter — directly contradicting the Ohio Constitution and binding Ohio Supreme Court precedent.
In the amicus brief, Data Center Resistance argues that:
The brief highlights the national significance of data center development, noting that approximately 70% of Americans oppose data center construction in their local areas, according to recent Gallup polling. The brief also cites U.S. Department of Energy findings that data center electricity consumption may reach 9.5 to 15.3 percent of total U.S. electricity use by 2030 — underscoring the extraordinary scale of these projects and the need for meaningful public participation in decisions that affect local communities.
“The right of initiative is an embodiment of true democracy in our republican form of government,” said Marc E. Dann, lead counsel for Data Center Resistance. “The City of Trenton’s contempt for Ohio’s Constitution and the Supreme Court’s precedent turns our system of government on its head. Citizens must retain their constitutional right to be heard on matters that will reshape their communities for decades to come.” added Ed FitzGerald, the CEO of Data Center Resistance.
Data Center Resistance is an Ohio nonprofit corporation dedicated to protecting the ability of citizens to participate in governmental decisions involving large-scale data center development. The organization advocates for transparency and accountability in data center projects without taking a position on whether individual data centers are beneficial or detrimental.
DannLaw is a Lakewood, Ohio-based law firm focused on protecting the rights of individuals and communities. The firm’s attorneys — Marc E. Dann, Jeffrey A. Crossman, and Andrew M. Engel — served as counsel for Data Center Resistance in this matter, alongside co-counsel Edward FitzGerald.
