A group has filed suit in Fresno Superior Court against the City Of Fresno, claiming that Measure P should be enacted because over 52% of all ballots cast were in favor of the proposal.
The suit argues that a simple majority should be adequate to enact the measure, which would have generated $38 million dollars over thirty years through a local small sales tax.
The ballot language that laid out the criteria that would be necessary for Measure P to pass. It stated that 2/3 of votes cast would have to be in the affirmative for the tax to be enacted. The 2/3 majority mandate is based on Proposition 218, which was passed by voters in 1996.
The plaintiffs in the suit, Fresno Building Healthy Communities, claims that Proposition 218 is not applicable in this instance because of precedent set in a previous case ” California Cannabis Coalition vs. City of Upland”. In that case the court concluded that taxes levied by citizens aren’t held to the same standards as taxes levied by local governments.
The petitioners ask that the court issue a writ of mandate stating that Measure P was legally approved by Fresno Voters. They also ask the court order that the City of Fresno cover Fresno Building Healthy Communities legal fees.