News & Commentary

The American Civil Liberties Union of Ohio supports a bipartisan bill which seeks to spare those with severe and persistent mental illness from facing execution in the state of Ohio. This bill came out of the Ohio Supreme Court Task Force, which recommends an end to this barbaric practice. Cruel and Unusual In 2002, the U.S. Supreme Court declared it unconstitutional to execute someone deemed mentally incompetent due to a diagnosed intellectual disability (formally referred to as mental retardation). This ruling paved the way for a 2005 U.S. Supreme Court decision that declared it unconstitutional to execute people who were minors at the time of their crime. Both decisions reflect an understanding of the Eight Amendment to the U.S. Constitution which prohibits cruel and unusual punishment. Just as with youth and those with a diagnosed intellectual disability, people with a severe and persistent mental illness lack the culpability required to receive a death penalty sentence. In other words, it is cruel and unusual punishment to put someone to death who does not or did not have the capacity to understand their crime or what their punishment means. Equal Protection for All Supporters of banning the execution of individuals with severe and persistent mental illness also cite the 14th Amendment to the U.S. Constitution, which promises “equal protection and due process” under the law. Individuals with severe and persistent mental illness are not receiving equal protection by the same bans that acknowledge diminished capacity and substantial impairment for individuals with intellectual disabilities. This right should apply to whomever experiences significant, diagnosed, diminished mental functioning as a result of any psychological disability.

Executions Since 2009
Dates Set by the Ohio Supreme Court.
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2016 - 11 scheduled executions

As the end of the year approaches, what went on in the final days of the 130th Ohio General Assembly? When last I wrote about the Ohio legislature’s “lame duck” session, I provided updates on the so-called Heartbeat Bill and the lethal injection bill. From a civil liberties perspective, these were the two most visible bills but not the only ones. Here is a final update on what the Ohio General Assembly did in the waning days of this session: Heartbeat Bill House Bill 248 made its way to the House floor for a vote. However, this extreme bill, which would outlaw abortions before many women even realize they are pregnant, went down to defeat with 11 Republicans joining in to vote against it. Lethal Injection Secrecy Our members responded in large numbers when we asked them to contact OGA members in opposition to House Bill 663. As it wound its way through the Statehouse, the bill did improve via numerous amendments, but the fundamental problems that caused us to first oppose this legislation remain. HB 663 is now on its way to Gov. John Kasich’s desk for his signature. Following that, we fully expect this matter to end up in the courts. Traffic Cameras Much time was spent this session on traffic/red light cameras. The end result was Senate Bill 342, which requires cities to have police officers at traffic camera locations. This mandate will cause most, if not all, cities to abandon the use of this technology. It passed the House and Senate by wide margins and now awaits Gov. Kasich’s signature. Student Seclusion and Restraints Republicans and Democrats overwhelmingly passed a bill that will improve the lives of vulnerable students. House Bill 178 ensures state regulations regarding student seclusion and restraint practices also apply to charter schools throughout Ohio. Redistricting With redistricting reform comes the hope of a legislature that more accurately represents the population of our state, which in turn, will lead to less extremist lawmaking. For that reason, you should know Ohio legislators passed a proposed constitutional amendment changing the way political districts are drawn in our state. As a result, voters will be asked in 2015 if they want to adopt these rules into the Ohio Constitution. The Ohio House and Senate will begin its next two-year session soon after the new year. As always, we will keep you updated of legislation that may affect your civil liberties.

If you are a member of the ACLU of Ohio, you are no doubt used to hearing from us about our work. Perhaps it is no surprise an organization known for protecting the First Amendment often exercises its own right to free speech. Lately, you might notice you are hearing from us even more than usual. The reason can be summed up in two words —“lame duck.” Ohio’s legislature operates on two-year cycles. The current session of the Ohio General Assembly will end in December and a new session will begin in January. Traditionally, the period following November’s general election is called a lame duck session since some members will have been voted out by their constituents. Lots can, and often does, happen during lame duck. With only a handful of weeks left, legislators rush to pass bills that were considered during the previous two years. Lame duck also is a time when controversial legislation gets rammed through while lawmakers, media, lobbyists, and advocates are distracted by the chaotic pace. The ACLU of Ohio feels it is important to notify you of these efforts, so we can all take action to protect civil liberties.

Ohio’s death penalty has had a long and sordid history. Just look at the past decade: » Four botched executions. » Ten people granted clemency by the governor. » Fifty-six recommendations from an Ohio Supreme Court taskforce of experts to revamp our broken system. With botched executions and growing controversy around lethal injections in Arizona, Oklahoma, and elsewhere, a federal judge in Ohio rightfully paused executions until the state could adopt new protocols. Given all of these problems, the most recent move from Ohio Attorney General Mike DeWine is downright confounding. What is his solution to Ohio’s execution problems? Close the curtain and keep the public out. The attorney general announced during a press interview that he was pursuing legislation that would block the public’s access to what compounding pharmacy manufactures drugs for lethal injections and the identities of medical personnel who assist in executions. He also wants to provide immunity for those individuals from professional or ethical reprimands for their participation. No matter what your position is on the death penalty, it is important to understand that this level of secrecy will be detrimental for Ohio. The government represents the people and should be accountable to us. We have laws that require government officials to provide public records and have open meetings in order to prevent corruption, abuse, and incompetence. Taking a person’s life is the ultimate punishment that the public can dole out, which means we have to take even greater pains to ensure the government does it humanely and legally. Allowing anonymity for drug manufacturers is particularly problematic. Ohio would like to use compounding pharmacies, which are totally unregulated by the Food and Drug Administration for safety and efficacy. Compounding pharmacies make small batches of drugs, with each one being unique. This means that some batches might be more potent than another, and some might be contaminated. Only a few years ago, dozens of people in the United States died from a contaminated batch of steroids produced by a compounding pharmacy. And now Attorney General DeWine wants to introduce more secrecy and less accountability to this situation? Unfortunately, secrecy is the typical reaction of the government in any number of circumstances—when problems crop up, they want to hide the truth from the people.