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SAN DIEGO LIBERTARIANS DEFEAT SALES TAX
On March 23 '89 Judge Burkhart of the Riverside County Superior Court
(due to a change of venue) ruled that the San Diego Cuonty half cent
"jails" sales tax is invalid. The Judge ruled in favor of the three
Libertarian Party members who are plaintiffs against the county of San
Diego and the San Diego County Regional Justice Facility Financing Agency.
Quoting from the COURT'S INTENDED DECISION, "The court finds from the
evidence that Proposition 13 has been purposefully circumvented by
Proposition A and its implementing legislation, and that Agency is a
special District under Proposition 13. The court finds that . . . the
(Regional Justice) Agency was founded solely for the purpose of avoiding
the strictures of Proposition 13."
This ruling will save the taxpayers of San Diego County an estimated
$1,6000,000,000 (1.6 billion dollars) in sales tax over the course of the
next 10 years. Assuming the ruling stands, the tax drops from 7% to 6.5%.
The three Libertarian Party plaintiffs are Dick Rider (the Chairman of
the county Libertarian Party), Pat Wright (the past LP county Chair) and LP
activist Steve Currie. The attorneys for the victorious plaintiffs are
Louis Katz, Tom Homann, Ellen Geis, Gregory Marshall, Lewis Wenzell,
Stephen perrello, and Carol Fabian.
Counsel took up this challenge on a contingency reimbursement basis.
Many other taxpayers contributed funds to pay the filing and copying costs.
More funds will be required if the County files an appeal.
Lead plaintiff Dick Rider commented, "This victory for the victims of
the politicos' regressive and illegal sales tax also refutes the old canard
- 'You can't fight city hall' - we did and we won! Now the County Board of
Supervisors will be forced to do what they should have been doing for the
past 8 years; providing jails and police with existing taxpayer funds
"Government's first priority should be to protect individuals from
those criminals who would use force or fraud against us. It's time for the
local politicians to recognize this fact and reorder their priorities to
fund police, courts and jails FIRST before they even CONSIDER other
services.
"Furthermore, this citizens' victory calls into question the other 1/2
cent sales tax for roads and trolleys 'passed' in 1987 using the same
invalid subterfuge."
For further information from the plaintiffs, contact Dick Rider at
619/276-7166.
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