Judge Declares No Constitutional Right to Safe Drinking Water

A recent ruling in the state of Ohio has clarified that residents whose tap water is deemed undrinkable do not possess a constitutional right to truthful information about its safety. The decision, issued by the Third District Court of Appeals, was reached after a lawsuit filed by the Citizens for Clean Water Coalition alleged that the city of Millersville failed to disclose significant contamination in its public supply. The plaintiffs argued that the lack of transparency violated the Due Process Clause of the Fourteenth Amendment, which they claimed guarantees a right to accurate public health information.

The court rejected that claim, holding that the Constitution does not expressly protect a right to truthful water‑quality data. Instead, it stated that such disclosure is governed by state statutes and municipal regulations. The ruling noted that while the state’s Water Quality Act requires periodic reporting, it does not mandate the disclosure of every potential contaminant or the interpretation of those findings for the public. The court also emphasized that municipalities are required to provide accurate information within the bounds of the law, but the absence of a statutory obligation does not create a constitutional one.

The decision is expected to influence how local governments handle water‑quality reporting and may prompt municipalities to review their disclosure policies. Millersville officials have announced plans to appeal the ruling, arguing that the decision undermines public trust and could jeopardize residents’ health. Meanwhile, the Citizens for Clean Water Coalition has called for new legislation to strengthen transparency requirements for municipal water systems across the state.