Ohio municipalities challenge law allowing wireless antennas

Associated Press

COLUMBUS

A law taking effect Monday that allows telecommunications companies to place wireless antennas on municipal buildings is an unconstitutional violation of cities’ rights to control how they regulate such economic activity, according to lawsuits filed by multiple communities.

The complaints filed in Columbus and Cleveland say the law prohibits cities from effectively managing where wireless facilities are placed in communities by undermining their local control, known as Home Rule rights.

The law was improperly tucked into an unrelated bill that dealt with pet-store regulation in the state, the lawsuits also contend.

“Ohio municipalities embrace the rapid deployment of small cell technology for our residents and businesses,” Dana McDaniel, city manager in Dublin in suburban Columbus, said Monday. However, “that must be balanced with the orderly management of public rights of way and publicly owned properties,” McDaniel said.

Rights of way include streets, alleys and other public thoroughfares.

The law raises serious questions about local governments’ rights, constitutional authority and control of city property, said Cleveland Mayor Frank Jackson.

The state Attorney General’s Office is reviewing the lawsuits, spokesman Dan Tierney said.