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Commentary: Dayton activist wants to end legal shield for public officials

Man wearing an orange T-shirt speaks on a microphone to a crowd of people while a few people stand behind him.
Julio C. Mateo
Carlos Buford (left) speaks at a press conference held at Negley Place on June 30, 2024, the day after a Dayton Police Officer killed Brian Moody.

Carlos Buford is the founder of Black Lives Matter Dayton. He can often be found local events running voter registration drives out of his custom-made tent with the words "Your Vote Matters" on it.

"Voting is the heart of democracy, that's the heart of my activism. To me, it's divine. I take that very seriously," Buford said.

But Buford’s activism extends beyond voting. After the murder of George Floyd in 2020, Black Lives Matter Dayton proposed a 10-point plan to reform the Dayton Police Department. One of those demands was ending qualified immunity for police officers.

Qualified immunity is a legal concept that protects public officials — including police officers — from liability for their actions, even if they clearly violate a person’s constitutional rights. I asked Buford why ending qualified immunity is important to him.

"Over the years, I've sat down with families, here locally, whose sons have been killed by police," he said. "And, to be there, and to see these families devastated by these actions, and nothing happens. I've been in other cities, same situation: devastated families, nothing happens."

Carlos Buford, center, collects signatures at Wright Dunbar Day on June 23, 2024.
Contributed
Carlos Buford, center, collects signatures at Wright Dunbar Day on June 23, 2024.

This lack of accountability doesn’t only impact the families of community members who were unjustly killed by police. It impacts everyone, especially the families of Black men, like Buford, who are disproportionately affected.

"I'm a father. I'm an uncle. I'm a brother. I'm a granddad. And I’m going to say this, all those who I am connected to, friends. I have fear," Buford said. "I have fear even when my son leaves the home. I have to tell him: Hey, y'all, watch what you're doing, watch your surroundings. And we do this day in and day out. And it's a fear that shouldn't be there."

In 2022, Buford joined other Ohio activists in pursuing the end of qualified immunity for all public officials at the state level.

Since then, the Ohio Coalition to End Qualified Immunity has submitted nine versions of the amendment to be certified. Ohio Attorney General Dave Yost has rejected all nine of them.

"It was very disheartening that we have leaders who don't understand where we're coming from when it comes to our civil rights just being trampled over," Buford said.

Revision after revision, Yost has argued that the proposed summary was inaccurately representing the amendment — the only legal reason for which he can reject it. But rejecting an amendment these many times at this stage is rare. And Yost does have a horse in this race. He has publicly advocated for immunity for government officials, and if voters were to approve this change, his own qualified immunity would be at risk.

"There is something behind all this, OK? It’s not hard to see that, OK? When you see a big elephant in the room…C’mon, call it out for what it is," Buford said.

Carlos Buford, left, stands next to a table with piles of papers that all have signatures for the qualified immunity ballot petition.
Contributed
Carlos Buford, left, is pictured at the Columbus Library as signatures are organized for a proposed ballot measure on qualified immunity.

With each rejection, Buford and the other coalition members had to reckon with what to do next.

"When we're trying to get our government officials’ attention as to what's going on in our community. They're not hearing us. You get tired, you get frustrated, and you wonder: How do we get past this point?" Buford said.

On March 21, the coalition sued Yost for obstruction and abuse of power.

"If you got people who are in office who are weaponizing the constitution or laws or ordinances against the people for selfish reasons, then we have a problem," Buford said.

Since the coalition filed suit, it has been quite a rollercoaster. But as of today, they still don’t have a final decision. At this point, regardless of the outcome, the amendment won’t be on this year’s ballot, and the coalition will have to wait until 2025.

Still, Buford remains committed to protecting the constitutional rights of his family, his community, and all Ohioans.

"I'm going to fight until I take my last breath because I want to leave behind some type of legacy that will make it easier for my family to be able to walk in a certain city or whatever knowing that they will have their civil rights intact. And right now we don't," Buford said.

Editors Note: The Ohio Attorney General’s office didn’t respond to WYSO’s request for comment. In an emailed statement from earlier this month to WYSO, the attorney general says the ninth proposal was rejected because it lacked a title. There is ongoing litigation at the state and federal level challenging whether the AG is legally allowed to consider an amendment’s title as grounds for rejection. The Ohio Revised Code does not explicitly require that petitioners submit a title to the AG and does not mention reviewing the title as part of the AG’s role.

Julio C. Mateo is a Human-Rights Activist, a Human-Factors Psychologist, and a Community Voices Producer.