On Sept. 3, Johnson County District Court Judge Stephanie Goodenow ruled in favor of Edgerton residents Kimberly Twente and Carrie Schmidt, striking the city’s lawsuit that sought to block their citizen‑petition to halt a proposed data‑center project. The decision, grounded in the Kansas Public Speech Protection Act (KPSPA), affirmed that the city’s action violated the petitioners’ constitutional right to free speech and public participation.
Petition seeks public vote on data‑center ordinance
Twente and Schmidt, along with the nonprofit Public Trust Collective Inc., gathered 208 signatures on a petition demanding that the city place a measure on the November ballot to prevent the construction of a Dubai‑based DAMAC Digital data center at the Logistics Park Kansas City site (31800 W. 196th St.). The petition was reviewed by the Johnson County Election Office and the county legal department, both of which confirmed the signatures met statutory requirements.
City’s lawsuit deemed improper
Edgerton filed its suit on Aug. 4, arguing the proposed ordinance functioned as a zoning restriction and therefore was “administrative,” not legislative, and thus outside the citizen‑petition process. The city also claimed the petition contained factual errors about water and power usage and exposed the municipality to legal and financial risk.
Judge Goodenow rejected those arguments, finding the lawsuit itself was an attempt to silence public participation, which the KPSPA expressly forbids. “Citizens ought to be encouraged to petition their government,” said Linus Baker, attorney for Schmidt and Twente. “The legislature gave citizens the right to put something on a ballot to bypass their government if they didn’t think they were doing the right thing.”
City acknowledges decision while keeping concerns
In a statement posted on the City of Edgerton’s website, officials expressed respect for the court’s ruling but reiterated “very serious concerns” about the ordinance’s legality and potential liabilities. The city noted it is evaluating further options.
At its July 23 council meeting, Edgerton officials declined to adopt the petition, citing alleged inaccuracies and statements the council never made. The council instead approved filing the lawsuit, a move now overturned by the judge’s decision.
Next steps for the petition
The petition’s future on the ballot remains uncertain. A separate suit filed by Eric Twente, Kimberly’s husband, seeks clarification that the city’s classification of the petition as “administrative” was incorrect and aims to place the measure on the ballot. A hearing on that matter is scheduled for Sept. 24, with a request to move it up to Sept. 18 to meet the Sept. 19 filing deadline.
Regardless of the outcome, the court’s ruling sends a clear message: local governments must respect Kansas law that protects citizens’ right to speak out and to bring issues directly to voters. As Baker put it, the decision is “a victory all the way around for not just my clients, but everybody subject to this kind of litigation tactics.”
Original reporting: Johnson County Post (Overland Park) — read the source article.
