BUTTE — The Montana Supreme Court has ruled in favor of a group of Butte citizens in their quest to place an initiative on the November ballot that will allow citizens the right to vote on data centers within the county.
Watch here: 406 People First respond to ruling:
Denise Kelly, a member of the group 406 People First, said the decision was cause for celebration.
"Oh, we were thrilled. I was jumping up and down. I was just so excited. We were glad that the Supreme Court did what they did."
Kelly began speaking out about the issue of AI and data centers earlier this year when it came before county commissioners.
"We were getting pretty frustrated with what we perceive as the county not paying attention to the constituents because the majority of constituents, we truly believe, are not in favor of data centers."
In May, the group began the process of gathering 3,850 signatures — 198 more than required. Shortly after receiving approval at the end of July, the group was informed that they did not meet the deadline, according to a new Montana law, and the signatures were rejected.
406 People First then filed a lawsuit against the Butte-Silver Bow County Clerk and Recorder, alleging in part that the government should be stopped and that the new law, 13-28-206 MCA, is unconstitutional. District Court Judge Frank Joseph sided with the county, and the case was appealed to the Montana Supreme Court.
RELATED: Judge rules against 406 People First in data center ballot initiative lawsuit
Kelly said the group believed their constitutional rights were on their side.
"Our constitutional rights override the legislature and so that's what our fight was, and Judge Joseph didn't want to hear it."
According to court documents, the Supreme Court took into consideration 5 points, including the fact that the City-County takes no position on the request for injunction relief and that "the public interest is served by allowing the voters to exercise their initiative powers."
John Meyer, an attorney with Cottonwood Environmental Law, who is representing the group on a pro bono basis, called the ruling a milestone.
"This is a great day for democracy for Montanans and for the people of Butte America. This is the start of a much larger revolution against politicians that won't stand up to the corporations that want to steal our water, our land, and our way of life."
"This is a great day for democracy for Montanans and for the people of Butte America. This is the start of a much larger revolution against politicians that won't stand up to the corporations that want to steal our water, our land, and our way of life."
Butte-Silver Bow filed a notice of issue on Sept. 23 with the Supreme Court asking for guidance, noting that ballots without the initiative have been printed, mailed, and in some cases returned. Meyer said he is preparing a response due on Sept. 24.
In a phone call, County Attorney Matt Enrooth said Butte-Silver Bow County just needs the Supreme Court to "tell us which way to do it, so it is done right."
Kelly said the issue transcends political affiliation.
"I don't care if you're a Democrat, Republican... an Independent; these data centers can be really detrimental."
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
