News of the Arroyo
Title: | NFL initiative faces legal peril |
Subtitle: | Ruling may oust it from November ballot |
Date: | 2006-07-29 |
Summary: | July 29, 2006 - The NFL initiative survived one test on Friday, but prospects don't look good for the next one. |
Author: | Kennet Todd Ruiz, Staff Writer |
Publication: | Pasadena Star News |
Content: | PASADENA - A ballot initiative aimed at bringing the NFL to the Rose Bowl survived a legal challenge Friday, but the judge in the case said he would be inclined to favor a separate legal argument next week that could spell the death of the initiative. In considering the injunction, Los Angeles County Superior Court Judge C. Edward Simpson first said greater harm would be caused by denying the public the opportunity to vote on the measure. \"The defendants have shown they will show greater harm if the initiative is taken off the ballot,\" Simpson said. \"On the other hand, the plaintiffs have shown they will probably prevail.\" Friday\'s ruling would be moot if lawyers for Pasadena First, the group opposing the initiative, prevail Monday with the second motion to block the measure. City Councilman Chris Holden, the measure\'s chief sponsor, said the legal challenge is an attempt by one group to interfere with the democratic process. \"They\'re trying to use the court to circumvent the right of the people to make a decision that\'s in their best interest,\" he said in an interview after Simpson\'s ruling. More than 10,000 people signed the ballot initiative, which would offer the NFL a long-term lease at the Rose Bowl in exchange for at least $500 million in renovations and another half-million dollars in rent each year. Pasadena First challenged the initiative on the grounds it violates the state constitution and will prove an unwarranted drain on city finances. \"Having the right to vote on something that is unconstitutional and invalid is a waste of everyone\'s time and money,\" said Richard McDonald, a Pasadena First legal adviser and board member. Fredric -------------------------------------------------------------------------------- Advertisement -------------------------------------------------------------------------------- Woocher, Pasadena First\'s lawyer, argued the NFL proponents overstepped their bounds and the state constitution by specifically naming the NFL in the deal, as well as performing an administrative, as opposed to legislative, action. The lawyer representing Holden and the other two named council members - Joyce Streator and Paul Little - argued that Pasadena\'s charter city status gives it more flexibility in developing initiatives. And the public, Ann Higginbotham said, could not be denied access to the democratic process. \"The people of the city of Pasadena reserve to themselves the right to initiate legislation,\" she said. \"The people are the boss, not the City Council.\" An NFL presence in Pasadena has become more of a longshot since the council decided in May to forward the measure to the ballot box. NFL Commissioner Paul Tagliabue has since publicly suggested the L.A. Coliseum would be home to a future Los Angeles team. The matter could return to Simpson\'s courtroom as early as Friday, Wooster said. The last possible day to pull an already submitted initiative from the November ballots is Aug. 16, according to the Los Angeles County Registrar\'s Office. todd.ruiz@sgvn.com (626) 578-6300, Ext. 4444 |
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