Can Kansas voters block data centers? Communities test the law

KANSAS CITY, Mo. — KSHB 41 reporter Lily O’Shea Becker covers Franklin and Douglas counties in Kansas. Share your story idea with Lily.

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Kansans across the state are using K.S.A. 12-3013 to get citizen-led proposed ordinances to ban data centers before local governing bodies.

“Once that number of people signs a petition asking the city to adopt the ordinance, the city has two options: It can either agree with the petition — just adopt the ordinance as is — or it can call an election," said Quinn Hughes, attorney with the Adam Jones Law Firm in Wichita.

Hughes is representing clients in Emporia who have used the statute to petition for a ban on data centers. He spoke with KSHB 41 reporter Lily O'Shea Becker about the statute in general, and not on behalf of his clients.

“There needs to be a line there for something that the voters can force the governing body to do versus something that the governing body can just ignore, because it's really not something that the electorate has any business getting involved with in the first place," Hughes said.

Hughes said the line is between what's considered "administrative" and what's considered "legislative."

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“There's going to be legislative and administrative components to any ordinance that's presented, but the question is whether it's primarily directed at executing its own goals or if it's directed at how another policy executes its goals," Hughes said.

An ordinance that is primarily legislative applies to K.S.A. 12-3013, according to Hughes.

Citizen-led efforts are producing different outcomes across Emporia, El Dorado and Ottawa.

In Emporia, citizens led an initiative petition regarding "high-impact data centers."

On Aug. 20, the city recognized a Lyon County District Court order requiring the placement of the petition question on the November ballot.

The proposed ordinance is currently under legal review, and its passage is contingent on both voter approval and the outcome of the review.

Courtesy: Meghan Wright

Protect the Heartland, a group made up of El Dorado and Butler County residents, proposed an ordinance that would ban "high-impact data centers" and certain battery storage systems.

On July 13, the El Dorado City Commission voted for City Attorney Ashlyn Lindskog to seek a judicial review of the petition.

On Friday, a Butler County district judge declared the initiative petition as "legislative." Following the ruling, city commissioners voted Tuesday to put the proposed ordinance on the November ballot.

“There were tears from a lot of us," said Meghan Wright, a Butler County resident.

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Wright said she and other members of Protect the Heartland gathered for a watch party on Friday for the judge's decision.

“Butler County, including the towns, it's a rural way of life, and people don't want to see that gone," Wright said.

On Aug. 19, Michelle Stewart — an attorney at Hinkle Law Firm LLC, retained by Ottawa city commissioners — provided her legal opinion of the initiative petition at a city commission meeting.

Stewart said Ottawa United followed the correct procedures to submit the petition, but the contents of the petition are mostly administrative.

“When you look at this petition for ordinance, it pertains to a segment of the city’s existing development plans, and the ordinance proposes to prevent the city’s execution of its existing zoning and land use codes and regulations, and the courts have found that makes a proposed ordinance administrative in nature," she said.

On Monday, Franklin County residents delivered what they call a "demand letter" to Ottawa City Hall after city commissioners decided to take no action on the petition based on Stewart's advice.

Jason Gould/KSHB 41

Their letter — partially titled "Demand for Compliance with K.S.A. 12-3013" — cited recent court rulings in Lyon and Butler counties.

"Accordingly, Ottawa United requests that the City identify any material distinction between the Ottawa petition and the petition considered by the Butler County District Court that the City believes justifies a different result under Kansas law," the letter reads.

Jessica Christopher and Brooke Sheets, members of Ottawa United, signed and delivered the letter. They gave commissioners until the end of Tuesday to respond.

Wednesday morning, Christopher told KSHB 41 News reporter Lily O'Shea Becker she did not receive a response and that Ottawa United is seeking legal counsel.

KSHB 41 News reached out to the city of Ottawa Wednesday morning to ask if officials have a response to the letter and did not receive a response as of Wednesday evening.

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