Measure D in court
How could I forget to mention my day began at the most untoward hour of 7 a.m.?
Measure D ballot statements were in court this morning downtown, a last minute switch-up had Robert H. O'Brien hearing the case instead of Dzintra Janavs.
His order was just released, and word has it plaintiffs have succeeded in striking some of the statements from the ballot argument against Measure D.
File this under "developing:"
PASADENA -- Several ballot statements from Measure D opponents were ordered stricken this afternoon under court order, according to the lawyer representing Citizens for Responsible Government.
In a lawsuit filed on behalf of City Clerk Jane Rodriguez, supporters of the utlity-tax related ballot measure demanded several statements be removed from a rebuttal argument filed by opponents.
Holding the special election on Feb. 4 will cost $432,000.
The currenty Utility User Tax accounts for about $10 million in general fund revenue for the city.
Monday was the deadline to finalize ballot statements with the county.
UPDATED: I can file my story and go home once City Hall has finished vetting its formal statement on the issue and getting it approved by every person of interest involved.
Substance of O'Brien's changes:
Before: Measure D is a new tax trap on telephone service that threatens your privacy and forces the City of Pasadena to tax Internet access.
After: Measure D is a new tax trap on telephone service.
Stricken:
Measure D gives the City the legal right to ‘audit’ your private phone and Internet records at any time, requiring phone companies to hand over your private phone records without your knowledge or consent. Who you call or email and the web sites you visit could all wind up in the hands of City employees.
However, Measure D would force the City of Pasadena to assess and collect Internet taxes from you as soon as the current temporary Federal ban expires or is overturned by a new Congress.
Measure D could even result in you being taxed for the junk email people sent to you.
Keep the Internet free from governmental interference.
Protect your privacy.
While Citizens for Responsible Government (CRG)did not get the Court today to approve the stronger wording in our Rebuttal to the City's Argument in FAVOR of Measure D, both the City and the Court did not dispute that it is a tax on email, computer gaming, text messaging and other internet transmissions. The Rebuttal to the City's Argument in FAVOR of Measure D still is supportive to CRG and reads as follows:
[begin] "Measure D is a new tax trap on telephone service.
Currently, it is illegal for the City of Pasadena to tax Internet access.
Taxes could be applied to email, web surfing, computer gaming, filed downloading, text messaging and any other activity resulting from a transmission of 'voice, data, audio, video or any other information.'"
As of September 30, 2007, the City of Pasadena was sitting on $633 million in cash and investments. Over 400 City employees made more than $100,000 last year. In one department, 50 employees made an average of more than $163,000 each.
Simply put, they want to tax you in order to pay themselves even higher salaries.
Enough is enough.
Protect your privacy.
Vote No on Measure D." [end]
Citizens for Responsible Government
Wayne Lusvardi, Chairman
The Judge involved, Robert O'Brien, is a buffon who has repeatedly been overturned on appeal.
Here is a case he mishandled in Sierra Madre where he was overturned on appeal...
O'Brien Overturned
http://ceres.ca.gov/ceqa/cases/1999/00-07-10_ceqa_sierramadre.html
To Wayne and Martin,
In the immortal words of Nelson Muntz:
"HA HA!"
This is the money we need to re-open the Pasadena Underground. Won't you think of the children?
The following judicially approved language regarding Measure D will be in the Voter pamphlet:
"Taxes could be applied to email, web surfing, computer gaming, filed downloading, text messaging and any other activity resulting from a transmission of 'voice, data, audio, video or any other information.'"
So is Measure D an Internet tax? You bet it is.
I am cornfused. We already pay a telephone tax, and much of future internet/email/dl, etc. will be (are) through the telephone service providers-so does this amount to double taxation? What about the people that don't use the technology? Aren't they going to be slapped with the tax too?