AG Says Intimidation in 'Ugly' Fight Over Energy Bill Will be Investigated

Sep 30, 2019

Attorney General Dave Yost says the campaign around the nuclear bailout referendum is getting "ugly." Petitioners say they've experienced aggression and intimidation by trackers paid to support the subsidies to Ohio’s two nuclear plants.

Yost says he wants this kind of intimidation reported to his office so they can investigate. 

Circulators gathering signatures to put the bailout on the ballot are being followed by trackers paid by the dark money group Generation Now.

Yost says this is all fine until someone steps out of bounds. "The people that oppose this referendum have a first amendment right to oppose it and to speak out, but that right ends where intimidation and coercion begin," Yost said.

Yost says these reports would be investigated by his office and have the potential to be turned over to local prosecutors. An intimidation offense comes with up to a six month jail sentence and a $500 fine.

Petitioners like Amy Sutherly want voters to decide if Ohio should keep its new energy law which bails out nuclear power plants, subsidizes coal plants, reduces  renewable energy investment, and eliminates energy efficiency mandates. She doesn't like the law, saying it's a corporate bailout. "I'm just out trying to get it on the ballot and give the public an opportunity to choose," she said

Generation Now is a dark money group funding a counter referendum effort. They're trying to protect the nuclear subsidies bound for FirstEnergy Solutions. Part of that effort is to pay for people to follow petitioners like Sutherly around.

Sutherly says these trackers are becoming aggressive and intimidating. She says they've crowded around her, followed her in a car for miles while she was driving home, and, while she was collecting signatures on Ohio State University's campus, assaulted her. "The one gentleman turned around and wailed my hand in front of three students and knocked the phone out of my hand," she said. Sutherly, who's wearing a brace on her left wrist, says she reported the case to OSU police.

These stories are alarming to Attorney General Dave Yost who says the campaign around the HB6 referendum is getting ugly. "There's no protection against ugliness, and politics can sometimes get that way, but when it crosses the line to intimidation then the law's being broken."

Yost wants anyone who witnesses or experiences intimidation to call his office. He says these reports will be investigated and could then be forwarded to local prosecutors.

Generation Now is not commenting on the reports of violence and intimidation. However, a spokesperson says trackers have been directed to be polite, respectful, and avoid inappropriate contact.

The tenor of the campaign is heightened by ads and mailers from Ohioans for Energy Security, another dark money group that supports the subsidies for FirstEnergy Solutions. They’ve run ads and sent mailers featuring a phone number to call to report where circulators are working. They try to claim that the referendum group is backed by foreign interests and that the Chinese government is trying to take over the energy grid.

As Sutherly continues to gather signatures, she attracts the attention of Justin DeBrosse, a Columbus voter who's become familiar with these anti-referendum ads and tactics. He says they had the opposite effect.

"It made me want to sign the petition, because it felt disrespectful. It felt like all they needed to do was throw up a few signals of communism or foreign powers and that would be enough to have people land on their side."

Ohioans for Energy Security, the group behind the ads, did not want to comment on the reports of intimidation, saying Generation Now was behind the campaign in the field.

None of these organizations, including the referendum group Ohioans Against Corporate Bailouts, have disclosed their donors.

Sutherly says the intense campaign around the issue has gotten out of hand. "But I'm not going to let it stop me."

The referendum group has until October 21st to collect more than 265,000 valid signatures. If they do, the law will be halted and it will go on next November's ballot. But FirstEnergy Solutions says it will also be forced to shut down its nuclear plants.