YOUNGSTOWN — The Ohio Supreme Court ruled that a charter amendment aimed at banning hydraulic fracturing — commonly called fracking — inside city limits must appear on the May ballot.

The ruling, issued Tuesday, states the Mahoning County Board of Elections abused its discretion when it refused to place the Youngstown Drinking Water Protection Bill of Rights, also known as the Community Bill of Rights, on the ballot even if the proposed amendment wouldn’t necessarily be constitutional or legally enforceable if enacted.

The proposed amendment, which has been rejected by voters six previous times, would recognize the right of residents to clean water, air and soil, and to be free from certain fossil-fuel drilling and extraction activities, require the city to prosecute violations of the amendment and restrict the use of funds allocated to the city’s water and sewer infrastructure, the court’s ruling states.

Lynn Anderson, a member of the Committee for the Youngstown Water Protection Bill of Rights, said the court made the right decision although placing it on the ballot of an election that is 12 days away only exacerbates what she described as a “David versus Goliath” scenario.

Although fracking isn’t occurring inside Youngstown city limits, there are injection wells outside the city limits, including near the Meander Reservoir, which supplies water to Youngstown, Niles and McDonald, Anderson said. Wastewater from fracking is also being processed at a facility in the city along the Mahoning River, Anderson said.

“The Ohio Constitution guarantees citizens the right to initiatives so that if something very dangerous comes and threatens their community, they can pass laws to protect themselves,” Anderson said.

Others see the attempts to place the amendment on the ballot despite the repeated rejection of voters as a waste of time and money. The Mahoning County Coalition for Job Growth and Investment announced Wednesday it intends to once again defeat the measure at the ballot.

The coalition, which consists of numerous local and state elected officials and labor unions, maintains the initiative is a hindrance to economic development.

“By defeating this measure at the ballot six straight times, Youngstown voters have already sent an undeniable message that they do not want this job-killing measure,” the coalition wrote in a press release distributed by the Youngstown Warren Regional Chamber. “By continuing to place this charter amendment on the ballot in clear defiance of that message, those pushing the measure are disrespecting voters and have cost Youngstown taxpayers tens of thousands of dollars in election administration costs.”

Rocky DiGennaro, president of the Western Reserve Building and Construction Trades Council, said the Mahoning Valley has been depressed since the steel mills left and rather than hindering business growth, the community should be supporting it. The coalition will stand in opposition to the amendment until the issue is put to rest, he said.

“We are trying to attract businesses and economic development here and this type of thing is kind of like a wet blanket as far as we’re concerned at the building trades,” he said. “I wonder if these people during this terrible winter made a campfire or did they take heat from natural gas that was provided to them? Are they driving a horse and buggy or are they driving in a car?”

jwysochanski@tribtoday.com