News of the Arroyo
Title: | NFL foes mull suit |
Subtitle: | |
Date: | 2005-08-19 |
Summary: | August 18, 2005 - The initiative to force the Pasadena city council to negotiate with the National Football League may never get to the ballot if foes can demonstrate the illegality of its basic premise. |
Author: | Gary Scott, Staff Writer |
Publication: | Pasadena Star News |
Content: | PASADENA -- Anti-NFL forces are discussing a possible lawsuit to block a pro football initiative from appearing on the ballot. Leading National Football LeagueL opponents said this week they believe the proposed initiative is legally flawed and would not stand up to a court challenge. As a result, they are considering asking a judge to rule on the measure before its proponents start to collect signatures for a special election, which could be held as early as February. NFL opponents held a private meeting Thursday night to look at various options for fighting the measure. According to several sources, part of the discussion was to center on hiring legal counsel. \"It shouldn\'t be a surprise that people who believe so passionately that the NFL is wrong for Pasadena would be getting together to discuss the initiative,\" said Susan Mossman, executive director of Pasadena Heritage, which hosted the meeting. \"I\'m sure all options will be on the table,\" she added. Several NFL opponents who are also attorneys said the measure appears to violate a California law prohibiting voters from directing the actions of a legislative body, in this case the City Council, through the ballot. Specifically, they say, the initiative appears to obligate the council to approve a series of agreements with the NFL, including terms for a 25-year lease at the Rose Bowl and development agreement to rebuild the stadium. Initiative supporters counter that the voters would be the ones entering into these agreements, and any actions taken by the city would be pro forma. \"We\'ve chosen a development agreement that is legally supportable by case law. I don\'t see what the concern is unless they don\'t want to let the voters weigh in on the issues,\" said Councilman Chris Holden, the leading sponsor of the initiative. For the opponents, a lawsuit offers several key advantages. If successful, the suit would scuttle the measure before proponents could build momentum for reviving the city\'s NFL bid. And it also would allow opponents to avoid an expensive campaign fight. \"I don\'t think anybody wants to waste time on an election that ultimately may be thrown out of court or be subject of lengthy litigation,\" said city Planning Commissioner Richard McDonald, an attorney. McDonald and others had hoped sympathetic council members would call for a court review. But there is only one more meeting before the City Attorney\'s Office must release a ballot title and summary, and two of the leading NFL opponents, Mayor Bill Bogaard and Councilman Sid Tyler, will be absent. Without them, there are not enough votes to get a review. Opponents think they will have a better chance of success if they challenge the measure before the title and summary are released. The deadline is Thursday. Though there may be no formal council action, Bogaard said this week he expects the city attorney to consider the legal validity of the proposed initiative. \"The work I\'ve done in this last week would raise a question in my mind if a business transaction is the proper subject of the initiative process,\" said Bogaard, a retired attorney. \"My expectation is that the city attorney will prepare an impartial analysis and in the course of doing that consider the question of whether the transaction with the NFL is the proper subject of the initiative process,\" Bogaard said. If the initiative does move forward, some observers believe the opposition will have a difficult time defeating it. In many ways the timing of the initiative seems prescient. If the proponents are able to stay on track, gathering the roughly 11,000 signatures needed for a special election, voters could be going to the polls just days before or after the Super Bowl Game, the apex of NFL passion. \"The thing is being timed really well,\" said Martin Truitt, a political consultant who has done work for those opposing the NFL bid. \"Somebody better sue quick.\" Holden reports the Friends of the Rose Bowl, which is backing the initiative, has raised substantial funds to aid in getting the measure on the ballot. The Friends group is closely tied to the Pasadena Chamber of Commerce. \"The name of the game is to win. And that is what we are seeking to do,\" Holden said. -- Gary Scott can be reached at (626) 578-6300, Ext. 4458, or by e-mail at gary.scott@sgvn.com. |
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