This battle for legal accountability
Justice Sotomayer by Gage Skidmore
“I dissent a lot. I'm hoping that the court will take back some of the crazy things that it's done. I'm only joking — maybe not," Supreme Court Justice Sonia Sotomayor told a crowd recently. "No, seriously," she continued. "You know, I've spoken openly about this, there's some opinions that I hope in my lifetime will get overturned. The immunity case is one of them."
When Justice Sotomayor openly voiced her hope that the High Court's presidential immunity ruling will eventually be overturned, she articulated a fundamental truth: no person, no office, and no title is above the law.
Across every level of society—from municipal agencies to executive leadership—public officials and commercial entities that inflict harm must be held accountable. The Protecting Ohioans’ Constitutional Rights Committee stands squarely on the right side of history, leading the charge to establish direct, citizen-led legal recourse and dismantle systemic immunity across Ohio.
This battle for legal accountability is deeply personal. My movement was forged in profound tragedy—the loss of my son, Terrell Michael Raphael Brown, who was taken from us forever at just 21 years old. Terrell died of severe ethanol toxicity after being overserved at Shotz Bar and Grille LLC in Austintown, Ohio. When our family sought justice, we ran headfirst into statutory liability shields under Ohio's Dram Shop Act (O.R.C. § 4399.18).
Countless families across Ohio face this exact nightmare: commercial establishments overserve patrons to lethal levels, only to hide behind statutory protections. Whether it is a commercial venue claiming statutory shields or a government actor hiding behind qualified immunity, the underlying injustice is identical—the law is being weaponized to shield wrongdoers while denying justice to victims.
Our initiative, Protecting Ohioans’ Constitutional Rights, targets the systemic shields that allow entities and officials to operate without civil liability. Public sentiment confirms that our campaign reflects the clear, nonpartisan mandate of the people. Polling by the Ballot Initiative Strategy Center (BISC) Foundation shows 78 percent of Ohioans support the initiative, including 74 percent of Independents, 72 percent of White men, and 65 percent of Republicans.
Additionally, a Campaign Zero/YouGov poll of registered Ohio voters reveals that 53 percent favor eliminating qualified immunity for police and corrections officers, 71 percent believe entities should be liable for rights violations, 87 percent affirm officers must face consequences for abuse, 69 percent support clear safety regulations, and 76 percent believe officers should face immediate consequences for failing to report deadly force within 24 hours.
Qualified immunity creates an impenetrable shield across Ohio's entire government apparatus. It shields prison authorities, mayors, city managers, school administrators, child protective services (CPS) caseworkers, prosecutors, and probate court officers. Our constitutional amendment closes this gap, granting exonerees, grieving families, small business owners, and civil rights advocates direct civil recourse.
Our legal pathway established a vital federal judicial precedent in Brown v. Yost. Senior U.S. District Judge James L. Graham issued a landmark preliminary injunction ruling that the Ohio Attorney General's statutory gatekeeping authority under O.R.C. § 3519.01(A) unconstitutionally burdened core First Amendment rights. This decision stands as a foundational precedent nationwide, protecting grassroots campaigns from executive preemption.
Carrying forward the transparency legacy of Ohio’s own President Ulysses S. Grant, our message is clear: equal justice requires one consistent standard of accountability. I encourage everyone to get involved today—join our movement, sign up to volunteer, and gather signatures. Visit OCEQI.ORG to view full polling, legal filings, and join our movement.
Miss Cynthia Brown is the Founder and CEO of Heartbeat Movement Inc., Committee Chair for Protecting Ohioans' Constitutional Rights, and Founder of The Ohio Coalition for Police Accountability and Transparency (oceqi.org). She is a dedicated civil rights advocate leading state constitutional reform, legal transparency, and citizen-led democracy in Ohio.