Judge schedules hearing in Modesto sales tax lawsuit

A judge will hear arguments later this month over a lawsuit claiming language on the November ballot for a sales tax measure violates election law and misleads voters.

The Stanislaus Taxpayers Association is suing Modesto, asking the court to give the city the opportunity to change the language or have the judge stop the city from using it on the ballot measure.

Attorneys for Modesto and Stanislaus County are challenging the lawsuit. City officials have said the measure’s language passes legal muster.

Both sides on Wednesday morning met with Judge William Mayhew behind closed doors. Their meeting in the judge’s chambers lasted about 20 minutes. The attorneys didn’t make any arguments in open court Wednesday.

The judge scheduled a hearing Aug. 21 to hear arguments over the lawsuit. Because city and county officials say election deadlines are quickly approaching, the judge could issue a ruling on the matter then. The judge also scheduled the attorneys to file their written arguments a few days before the hearing.

The lawsuit reiterates many of the arguments the association has made to the city about Measure G, a one-half percent general sales tax. For instance, the association says the ballot label for the measure uses false and misleading language. Here is the measure’s ballot label:

“Safer Neighborhoods Initiative: To make neighborhoods safer by restoring police patrols, crime prevention, gang suppression and youth development efforts; removing tagging; reducing nuisance properties; strengthening fire/emergency services; increasing neighborhood collaboration; and maintaining other general city services, shall the City of Modesto enact a 1/2 percent general sales tax that cannot be taken by the State, expires in 8 years, and requires annual audits, reports by a citizen oversight board, and all funds be spent in Modesto?”

The lawsuit claims the ballot label’s title – “Safer Neighborhoods Initiative” – is a politically charged phrase and because the measure is a general tax, it can be spent on any general government purpose and the tax cannot be dedicated to making neighborhoods safer. City officials say their intent is to spend the tax carrying out the initiative, which calls for such actions as hiring more police officers.

The lawsuit also takes issue with how the ballot label describes the tax increase, calling it political puffery and a blatant sales pitch to convince voters to vote “yes.” The lawsuit states it is not until two-thirds of the way through the ballot label that the city identifies the measure as a general sales tax.

Much of the Safer Neighborhoods Initiative calls for increasing public safety spending. City officials say after years of budget and staffing cuts, Modesto needs additional revenue to provide residents with essential services. For instance, the city has lost about 20 percent of its police officer positions since about 2008.

This story was originally published August 12, 2015 at 9:48 AM with the headline "Judge schedules hearing in Modesto sales tax lawsuit."