Prop R Legal Challenge-Community working together
Community Victory
Legal Briefs filed March 27, 2008
2nd Court of Appeal
It has been more than a one and a half years since our effort began and many are unaware or have forgotten that the battle continues on.
>The Lobbyist doing business at LA City Hall (approx 200) formed a group titled Los Angeles Lobbyist and Public Affairs Assn. The group hired Sutton & Partners to lobby government officials on the industry’s behalf. The “Sutton” of the firm, is Attorney James Sutton.
>In March of 2006 Attorney James Sutton formed “Citizens for Reform”; ID # 1284556 with James Sutton listed as the Treasurer. James Sutton wrote Measure R!
> In July of 2006 Sutton changed “Citizens for Reform” to Committee to Reform LA-Yes on Prop R. They kept the same ID number. This was to be a Sponsored Committee and to add creditability he had the League of Women Voters and the Los Angeles Area Chamber of Commerce sign on as Sponsors. The Treasurer was changed to Kaufman & Associates.
>On July 14, 2006 City Council President Eric Garcetti sent a letter to the Los Angeles City Clerk Frank Martinez stating the LWV and the LAACC had sent him a request for a “proposed Ballot Initiative”.
>On July 14th the City Clerk assigned a City Council File number to the request and gave it an official title. The city file number was 06-1800-S1 and the title was “Ethics Reform/Term Limit Extensions/Ballot Initiative”
>This is what was sent to the LA City Council and what was adopted on July 18, 2006. The council voted on this file number item and had it placed on the November 2006 ballot.
In combining the Ethics Reform and extending the city council term limits from two four year terms to three four year terms, they violated the California Constitution.
The single issue rule was established to prevent elected officials and special interests groups from forcing the voters to vote for one issue in order to vote for another.
The argument presented by the City Attorney was that the Ballot title did not contain the word “imitative” and therefore did not have to comply with the single issue rule. The Superior Court Judge who had initially ruled Prop R was unconstitutional changed his ruling in light of the City Attorneys argument.
Our argument in the Court of Appeals is clear. The City does not have the right to violate the State Constitution by manipulation.
The success of this Legal Challenge is a direct result of the community of Los Angeles coming together and standing up against City Hall and the forces which until now operate with impunity.
Those who will celebrate in the final outcome will be Neighborhood Councils, Trade Unions, Media and Press ( LA Daily News, LA Times & LA Weekly, North Valley Reporter), Community Groups such as Valley Vote and Citizen Advocate Organizations such as US Term Limits and Judicial Watch. Thank you to some of our strongest supporters in the Animal Rights Community. You made all the difference in the world!
The Los Angeles Daily News must receive a Special Thank you for your reporting and humbling editorials. Thank You Ron Kaye.
The Community Blogers such as Mayor Sam and LA Observed were instrumental in getting the message out to the public. Michael Higby and Zuma Dogg, many thanks!
The two individuals who will be named as leaders in the effort will be David Hernandez and Ted Hayes, but many more individuals should receive well deserved credit.
Donna Connolly for one is to be recognized for her research which was vital in uncovering the truth about the origins of Prop R. Her writings which outlined many of her findings can be found at our web site.
Sandra Needs for her never ending support and encouragement.
The Web site www.termenedout.com created and maintained by Mr. Eric Ramos provided a central location where information could be found.
Our legal teams, Attorney Candice E. Jackson who agreed to take this on as a labor of love and allowed us to move forward on a promise.
Thank you Attorney Eric Grant and Attorney Anthony T. Caso who have taken up the fight and have provided us with the tools needed to achieve Victory.
Most of all, this is will be a victory for every man and women in Los Angeles who made it possible for us to get here.
From David Hernandez and Ted Hayes, we will see you in the Winners Circle.
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