Opponents of Taxpayer Protection Initiative I-960, whose attempt to prevent the voters for having their say on I-960 was slapped down in King County court last month, have appealed to the state Supreme Court, The Olympian reports today. The court has agreed to hear the case, but a recent unanimous ruling, Coppernoll v. Reed, made clear that tossing out an initiative before it can go to the voters is a long shot.
Ironically, Knoll Lowney, the attorney for the group that wants to suppress the voters' voice on I-960, is the same K.Lowney who when defending Seattle initiative I-63 against the City's lawsuit to block it from the 2001 ballot, complained about those who "have a lot of contempt for the initiative process" and called the City's lawsuit "frivolous". Kind of like KLowney's lawsuit against I-960! KLowney apparently believes that the right to initiative should extend only to initiatives that seek to expand government, not to restrain it.
Posted by Stefan Sharkansky at August 10, 2007 11:36 AM | Email ThisHere's what we sent out today on this:
August 10, 2007
To: Our thousands of supporters throughout the state (cc'd to the media, house & senate members, and Governor)
From: Tim Eyman, Jack Fagan, Mike Fagan, co-sponsors of the Taxpayer Protection Initiative of 2007, ph: 425-493-9127, email:
tim_eyman@comcast.net, http://www.VotersWantMoreChoices.com
RE: I-960's opponents are gonna get slapped down again on Sept 6th -- this time by the State Supreme Court
On Friday, July 13th, King County Superior Court judge Catherine Shaffer, a Gary Locke appointee, told the opponents of I-960 that their lawsuit was a joke.
During oral arguments, I-960's opponents talked about previous court rulings that supposedly supported their position. In response, Judge Shaffer interjected, "I'm not sure that the cases you cite really say what you say they stand for."
Talk about an understatement.
She went on to say "In your brief, you bring up the Constitution of Paraguay and I have to tell you that's not terribly persuasive."
Gluttons for punishment, opponents asked the State Supreme Court for an appeal. The oral arguments will be heard on Thursday, September 6th at 1:30 pm. We're confident the High Court will affirm Judge Shaffer's correct ruling -- the voters will get to vote on I-960 in November.
The State Supreme Court ruled 9-0 in 2005 that these kinds of anti-initiative lawsuits are illegal. That unanimous ruling -- Coppernol v.
Reed -- made clear that voters have a First Amendment right to vote on initiatives.
This will be an opportunity for the High Court to send a message to all anti-initiative groups that they shouldn't go knocking on the court's door every time an initiative qualifies for the ballot. No one knows whether the voters will approve or reject any particular initiative and the courts shouldn't waste their limited time and resources ruling on measures the voters may not support. The voters have a right to vote and that right shouldn't be taken away just because a bunch of special interest groups don't trust the voters.
I-960 closes loopholes the Legislature put in Taxpayer Protection Initiative I-601, approved by voters in 1993. I-601 put reasonable limits on state government's fiscal policies. But over the years, Olympia has put loophole after loophole into it to circumvent the law. I-960 closes those loopholes. No one is above the law, not even the Legislature.
I-960 is a smart, balanced, reasonable proposal that will protect taxpayers by helping Olympia follow the law and respect our Constitution.
Again, congratulations on getting I-960 on the ballot - we look forward to working with all of you to get it approved by voters. As for our compensation fund, we would be extremely grateful for any financial assistance you can offer. Thanks.
Best Regards, Tim Eyman, Jack Fagan, & Mike Fagan, Fighting for Taxpayers for Ten Years, co-sponsors of the Taxpayer Protection Initiative of 2007, ph: 425-493-9127, email: tim_eyman@comcast.net, http://www.VotersWantMoreChoices.com (go to our website to do a secure donation by VISA/Mastercard or print out the form below, fill it out, and return it with a check or money order or credit card information)
P.S. There are thousands of politicians, bureaucrats, lobbyists, and special interest groups working each and every day to raise your taxes. Shouldn't there be at least one person, one team, one organization that fights to lower your taxes? Please help us so we can continue our successful efforts on behalf of taxpayers.
Sueeeeeeeeeeeeee
I guess A 30% INCREASE IN TAXES AND SPENDING IN THIS STATE STILL ISN'T ENOUGH FOR THESE GLOATING PORK BARREL PIGS...
Oink Oink