FOGG Alert – July 8, 2013

NO WALL CAMPAIGN UPDATE – Developer Misleading the Public

The developer and his supporters of the proposed 8 Washington project have embarked on a deceptive initiative campaign that is full of legal flaws according to attorney James Sutton, who has “carefully reviewed and analyzed the 8 Washington initiative.”

You may be aware of this counter-initiative effort to negate our Coalition’s referendum on the SF November 5, 2013 SF ballot.  The developer’s initiative asks the voters to vote YES for the height increase for the luxury high-rise luxury condominiums.  Our Coalition’s referendum asks the voters to vote NO for the height increase.

We ask our SF voter supporters to vote NO and NO on November 5, 2013.

Please see this excerpt from the NO WALL Campaign Committee report.

From: No Wall on the Waterfront SF

Date: July 5, 2013

Subj: No Wall on the Waterfront SF Campaign Update – July 5, 2013

Deceptive 8 Washington Petition Exposed

A prominent San Francisco election attorney has concluded that the pro-8 Washington initiative petition circulated by a real estate development company violates California election law by hiding from petition signers critical information showing how it would dramatically increase waterfront height limits.

Attorney James Sutton of the Sutton Law Firm sent a letter this week urging the 8 Washington initiative sponsors to fix their petition rather than submit it as-is to the Department of Elections, which would waste taxpayer dollars on processing an illegal petition.  “Having carefully reviewed and analyzed the 8 Washington Initiative, and based on applicable statutory and case law, we have concluded that the Initiative suffers from fatal legal flaws by violating the ‘full text’ requirement of California Election law,” wrote Sutton.  “In addition to excluding three key maps, the one map which the Initiative includes and which purports to show the proposed increase to waterfront height limits is illegible.  The portions of the map that contain the two new proposed height designations are so blackened by shading as to be entirely obscured and unreadable.  Whether intentional or negligent, these omissions not only deprive voters from having access to critical information about where or whether the Initiative seeks to increase existing height limits, the central purpose of the Initiative, but also could be characterized as misleading voters into believing that the height limit for the property will remain the same.” 

Whether this violation of the law will prevent the pro-8 Washington initiative petition from qualifying for this year’s ballot is unclear.  The developer is planning to submit over 20,000 petition signatures to the San Francisco Department of Elections on Monday, July 8th, the deadline to qualify measures for the November 2013 ballot.  Read the SF Bay Guardian’s story about this issue by clicking here.

Paid for by No Wall on the Northeast Waterfront,
supported by local property owners, tenants, neighbors, and environmentalists
top contributors include Richard and Barbara Stewart
P.O. Box 330476
San Francisco, CA 94133

(Complete Campaign update available at website)

FOGG will be reminding all of our SF supporters from now and until the election to vote NO and NO on November 5, 2013.

We need your help to reach out to our SF supporters.  If you can give us some of your free time, please let us know by responding to this email.  There is much to do.

Thanks again, as always, for your help.

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