QUOTE(WindInMySails @ Aug 15 2006, 08:45 PM)

I didn't intend to be a regular contributor to this forum (this is only my second post as a newbie), but this subject interests me. I am trying to separate facts from fiction, and I am confused by Mr. Giacometti's comment that the proposed measure is somehow illegal under Proposition 218 because "one will have to pay (a) fee to enter the arena" and/or the "poor who have contributed to building the Arena probably (cannot) afford to pay for those fees."
After doing some research, my understanding of Proposition 218 is that it requires a 2/3 vote for a tax with a specific use, but only a majority vote for a general use tax. The first ballot measure to enact the sales tax increase does not specify a specific use of the tax revenue, therefore it only requires a majority vote. The second ballot measure regarding County financial support of arena construction is a non-binding advisory vote, which does not have any legal affect on the first measure.
This approach may take advantage of a loophole in Proposition 218 and undermine the intent of this law, but it does not appear illegal. I am not an attorney, so a judge may disagree with my analysis if and when a lawsuit is filed on this matter. In the meanwhile, I welcome information that helps clarify this issue for me.
Well I guess my mind got a head of my fingers on this one. I left out a couple of words...ok maybe sentences.
Under Propostion 218 its also my understanding that you need a 2/3 vote to pass a tax with a speciifc purpose and the intent of 218 was to stop these dual ballot measures from attempting this loophole. Its my understanding since 218 was passed by the voters, there has only been one attempt to have these dual measures on the ballot. Since that measure didn't pass this loophole hasn't been challenged in courts. Its been said the group who wrote 218 is just itching to test this in court and feel that if this measure passed would be a "slam dunk" to get overturned.
Again, if this measure passes to raise taxes its going to be very difficult to claim this wasn't about building an Arena. Look at the the dialogue here, in the papers, at the BOS and the negotiations with the Maloofs over the Arena. To try and claim now that this is just a general tax, will look very weak IMHO. If the Arena wasn't in this measure I doubt it would get 25% approval.
Dan Walters had a nice article a few weeks ago about this issue and the Bee has made references to it on occassions.
Its amazing to me to see politicians try and circumvent the laws people voted for. No wonder why there is such distrust with our government, people pass laws to safeguard abuses and then politicians look for ways to do what they want.
I hope all you proponets are willing to reimburse the county for the legal costs of defending this measure if it passes and then gets thrown out as being illegal under Prop 218. Sure would be a waste of tax dollars and time!