I watched the City Council discuss Realize Las Cruces and the conservative campaign to undo it.
I felt for the folks pushing for a city-wide referendum. That has a certain appeal, but costs money and time. In a representative democracy: we elect representatives we’re politically comfortable with and trust to do their homework, use their judgment, and apply judgment and core values to hundreds of specific issues.
The referendum proponents’ objections seemed to be: that signatures were disqualified if names weren’t identical to the names as registered; and that the City withheld critical information.
The law provides that proponents have a set period for signature collection after the petitions are finalized. After the city clerk examines the submitted signatures, rules some out, and tells the petitioners where they stand, the petitioners can opt for a second period to try to collect enough valid signatures. The proponents say they asked when they could collect signatures, and got no answer. The City Attorney says an attorney answered that question and specifically advised proponents how to cure defects.
A couple of citizens voiced my reaction: whenever I’ve signed a nominating petition, collectors told me to sign the way my name appeared on my registration. Objecting to that requirement sounds specious.
Councilor Bill Mattiace voted for a referendum, saying that obviously more than 4,000 citizens were unhappy with the ordinance. But that’s not clear. Yes, 4671 signatures were submitted, but some were duplicates. Further, how many of those 4671 had been misled or flat-out lied to?
One Saturday at the Farmers’ Market I listened to a gentleman seeking signatures. He said the City was “springing it on people,” without getting voters’ views. Not true. I could testify that I was approached many, many times over a four-year period to attend meetings, answer e-mails, or otherwise learn more about this idea and comment. I’m told there were upwards of 30 public meetings about this. People weren’t interested. Zoning? Ugghhh! Petitioners now argue that a lot of the publicity was on-line, and not everyone is on-line; but a lot was by traditional means, meeting minutes were kept, reports made to the council, and I doubt the newspapers and KRWG were hibernating all those years. Should the City have spent our tax money going house to house?
Telling someone a McDonald’s is going in across the street is false fear-mongering. If you live on a quiet street in a quiet neighborhood, what sane entrepreneur would suddenly try to put in a truck stop or a McDonald's One puts those things where they’re very, very visible and very, very easy to enter and leave. City officials also claim that the new zoning wouldn't permit that. Further, basic parking, setback, and other regulations would likely make it impossible. I gather some of the “horribles” mentioned to citizens aren’t okay under the new code.
So in my one actual encounter, I heard untruths told, very passionately and persuasively. I can’t say they were intentional lies, the kind of whoppers paid canvassers used years ago in trying to recall three city councilors for approving minimum wage increases mandated by referendum.
“Realize Las Cruces!” should make developers more creative in building new neighborhoods and help some folks add a mother-in-law or art studio out back of their existing homes, but make no difference at all to 99.44% of us. Perhaps it’ll be delayed by a likely-to-fail lawsuit over the above claims.
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[The above column appeared Sunday, 25 May, in the Las Cruces Sun-News, and on on the newspaper's website and the KRWG website (under Local Viewpoints). A shortened and sharpened radio commentary version will air during the week on KRWG (90.1 FM) and on KTAL-LP (101.5 FM / http://www.lccommunityradio.org/). That website also contains station archives.]
[ I’m no zoning expert. I never studied Realize Las Cruces! as deeply as I probably should have.
I do know that the last time someone successfully petitioned for a referendum here was ten years ago when citizens, led by CAFe, petitioned for an ordinance that would raise the local minimum wage gradually over several years. When that happens, the mayor and council are required legally to enact the proposed ordinance unchanged. To my chagrin, they violated law to slow down the process so that the increase was more gradual. Right or wrong in theory, that was illegal.
The minimum-wage proponents opted to just live with that. However, conservatives, funded partly from elsewhere, sought to recall councilors for enacting a minimum wage. They told citizens some real whoppers, such that many citizens asked that their votes be removed. Litigation ensued, and I represented three then-councilors, and we successfully got the recall effort thrown out. ]
[ I lack such detailed knowledge of the current situation, but do know that if the anti-Realize people sued, they’d have a tough row to hoe in court. First of all, courts tend to give a lot of weight to the conclusion of the relevant public official (here, City Clerk Christina Rivera ). Secondly, if my experience was not anomalous, there might be showing of misconduct and misrepresentation in the procuring of signatures.
Obviously some of the disagreements are factual ones that may not be resolved without a court hearing; and if City Attorney Brad Douglas has the evidence he says he has, the petitioners would be well-advised to avoid a lawsuit. ]
[ I do respectfully disagree with my councilor friends who complain that any opposition to Realize! Must be racist. I’ve fought for equality and against racism all my life. I like my quiet garden. If someone is playing music insanely loud, just beyond my back fence, I don’t much care what kind of music it is. I live in a non-single-family-only area; but when a construction crew was storing equipment across the street and making noise early in the morning that shook our house, I wasn’t real pleased. ]