HorsesAss.Org

Hate to make HA all Seattle Times-bashing all the time,* but over at PubliCola, Josh deftly highlights how blatantly dishonest the editorial board’s Parks District “No” endorsement is, by dredging up the paper’s “No” endorsements against the previous two parks levies:

Isn’t it weird that … the Seattle Times editorialized this week that voters should reject this year’s permanent parks funding measure because they’d prefer Seattle’s traditional levy renewal funding approach, yet they came out against the last two levy proposals?

(No inconsistency, I guess, but to mangle an old phrase: They were against parks funding before they were against it.)

How can anybody take the Blethenites seriously?

* No I don’t.

Back in 2012, just for kicks, I got myself elected a Rick Santorum delegate from the 37th Legislative District Republican precinct caucus. How’d I manage that? I was the only “Republican” to show up from my precinct. That’s how much of a joke the GOP is in this overwhelmingly Democratic district.

Yet that didn’t stop the Seattle Times editorial board from hopelessly endorsing an unknown Republican against 8-term incumbent Democratic state Representative Sharon Tomiko Santos. I mean, what the fuck?

THE 37th Legislative District’s Position 1 needs a legislator willing to compromise and represent the best interests of a diverse district where many schools are struggling and persistent achievement gaps threaten to leave students behind.

That means turning out the incumbent in favor of the promising political newcomer, Daniel Bretzke of Seattle. The moderate Republican faces an uphill battle against a 16-year legislative veteran, state Rep. Sharon Tomiko Santos, D-Seattle.

If by “uphill battle” they mean running face-first into the base of a sheer vertical cliff, sure.

See, here’s how this thing usually works. The Seattle Times will hold its nose and endorse a Democrat in an uber-Democratic district, because to do otherwise would make them look feckless, impotent, and stoopid. If there’s a competitive race for an open seat, they’ll generally go with the Democrat with the fewest labor endorsements, but otherwise it’s the incumbent. That way the editors can point to their handful of Democratic endorsements in safe Democratic districts as a defense against accusations of partisanship arising from, say, their endorsement of lifelong asshole Drew Stokesbary over his more qualified Democratic opponent in a swingish 31st Legislative District.

So what explains this astounding act of editorial futility?

The Democrat chairs the House Education Committee and is in a position to make a huge difference for kids. Yet, she has repeatedly used her power to stall meaningful education reforms opposed by the teachers union.

While Santos should be focused on the Legislature meeting its court-mandated obligations to fully fund education, she wants to make the challenge worse. She supports Initiative 1351, the teachers union-backed measure that requires class sizes across all grades to be reduced, the hiring of thousands more teachers and building of more classrooms. Yet, there is no funding mechanism in sight.

This past session, Santos ignored Seattle Schools’ plea for a change in the law to include some level of student test scores in teacher evaluations.

I’ve got my own problems with Santos, dating back to her stalwart defense of payday lenders. She refused to support last year’s minimum wage legislation, and she’s long scorned much of the environmental agenda as something that’s more of a concern for rich white people than her own diverse working-class district. She’s actually far less liberal than her district. But I appreciate her work as chair of the Education Committee where she’s been a strong opponent of charter schools and much of the rest of the Gates/Walmart backed corporate education reform agenda.

And that, of course, is what has the editors’s undies so tied up in a knot. They absolutely hate the teachers union, and by association, teachers. And so in their eyes, Santos’ support for “hiring thousands more teachers” is a transgression so unforgivable that they are willing to stake what’s left of their withered reputation on a challenger who I could outpoll with a half-hearted write-in campaign.

It is an oversized gesture of unabashed futility that demonstrates once and for all that when it comes to understanding or representing the values and interests of its citizens, Seattle has, alas, become a no-newspaper town.

Damn you, $15 an hour minimum wage!

Capitol Hill food+drink summer report: 27 bars, restaurants and cafes still to come 2014

If not for the city council’s job-killing, small-business-destroying socialism, it could’ve been 28!* Amirite?

* (But seriously, it sure does seem to be business as usual in Seattle despite the impending $15 minimum wage. Go figure.)

It’s no October Revolution, but kudos to socialist council member Kshama Sawant and her fellow traveler Nick Licata (literally a communist, in that he once lived in a commune) for fighting to make the city’s proposed Metro buyback funding package just a little less regressive.

Sawant and Licata propose replacing the 0.1 cent sales tax increase component of the package with an increase in the Commercial Parking Tax (from 12.5 percent to 17.5 percent), and a modest restoration of the Employee Hours Tax: $16.68 per employee per year, with small businesses exempted. That would cost a Seattle business only $1.39 per employee a month, about 8 cents an hour—hardly the type of burden that would drive jobs out of booming Seattle.

I won’t belabor the details here; Sawant has posted an informative FAQ on her council blog. Go read that. But I will take the opportunity to editorialize.

As I see it, there are two compelling reasons for the council to adopt the Sawant/Licata proposal: 1) It’s more fair; and 2) The resulting tax package would be more likely to pass voters.

On the first point, Washington already has the most regressive tax system in the nation, and by far. This tax swap doesn’t do a lot to reverse that, but at least it doesn’t add to it the way a highly regressive sales tax increase would. About 40 percent of downtown Seattle workers rely on Metro to commute in to work; all Sawant and Licata are doing is asking businesses to pick up a little bit of the cost of maintaining the bus service on which they rely.

On the second point, because the sales tax is so regressive, it is also highly unpopular, which surely contributed to the defeat of the countywide Prop 1 in April. If the Sawant/Licata amendment passes, the council would impose the Employee Hours and Commercial Parking taxes directly. Only the $60 car tab increase would go to Seattle voters in November. Considering how crucial maintaining bus service is to our local economy and the welfare of low and middle income commuters, the council should do whatever it can to best assure passage. Replacing the regressive sales tax component with more progressive alternatives will surely help.

The Sawant/Licata proposal will be debated at today’s Transportation Committee hearing, at 2 p.m., and possibly submitted to a final vote. If you can’t show your support in person, scroll to the bottom of Sawant’s FAQ and email council members. Also, sign this petition.

– Good luck to all the STP riders this weekend. It might be a scorcher.

– Yay for more bus lanes, and yes more needs to be done.

– Some details on Governor Inslee’s clean water plan

– But the larger problem is this: We have concluded that some of our foremost and most influential theologians, pastors, and biblical scholars were utterly wrong about a monumentally important matter of biblical truth. Yet, because we choose not to explore why or how they were wrong, we are unable to learn from their grievous mistake. We have no way of knowing whether or not we are, in fact, repeating their mistake. We have no way of avoiding such a repetition.

– Women in the Workplace: Mobile Electrical Distributors

– Apple is a private corporation and, I guess they can chose to let you inscribe whatever they want on your phone. But this is stoopid.

Were you one of thousands of Seattleites misled by Forward Seattle’s blatantly dishonest signature gatherers, tricked into thinking that their petition was in support of a $15 minimum wage rather than an effort to repeal it? Well if so, there’s still time to take your signature back!

Voters misled by Forward Seattle’s corrupt signature gathering tactics into signing a minimum wage repeal referendum they did not support can actually withdraw their signatures from the minimum wage petition. Signatures must be withdrawn in writing, and they have to be submitted before the close of business tomorrow (Thursday).

[…] Here’s the letter you can submit (PDF): http://bit.ly/withdrawsig

Again, it must be submitted in writing, and has to happen before the close of business.

In order to expedite the process, copies of the letter are available at SEIU 775 in downtown Seattle. If you stop by the SEIU 775 office in downtown Seattle — 215 Columbia St, Seattle, WA 98104 — you can sign the letter to withdraw your signature and we will make sure it gets to the appropriate place. If you want to withdraw your signature, please stop by no later than 3:00 pm THURSDAY (i.e. tomorrow) so we can ensure they get to the right place on time and your signature is successfully withdrawn.

By all accounts, Forward Seattle was just on the cusp of delivering enough signatures to qualify for the ballot. Don’t reward them for their dishonesty: withdraw your signature before it’s too late!

UPDATE:

The Seattle Times editorial board (many of whom’s members don’t actually live in Seattle) weighs in on Proposition 1, which would create a Seattle Park District to manage and fund the city’s parks and recreation facilities.

SEATTLE loves its parks, and should have access to beautiful, safe and well-maintained urban green spaces.

Yes we do!

But in the name of good parks, the Seattle City Council is asking voters to give them a blank check, with increased power and weaker oversight.

We just don’t want to pay for them!

Citizens should reject Proposition 1, the Seattle Park District measure. This is not merely a replacement for the existing parks levy, which citizens have generously passed every six years. (Currently, property owners pay about 20 cents per thousand dollars of assessed value per year — or about $88 on a home valued at $440,000.)

It isn’t? Then I suppose in the very next sentence you are going to effectively describe exactly what Proposition 1 is:

As pro-parks community activist Gail Chiarello so effectively describes Proposition 1: “It’s pretending to be a Bambi, when it’s really a Godzilla.”

Um, what? I’m pretty sure that’s a non sequitur.

With the support of Mayor Ed Murray, Proposition 1 proposes a new, permanent taxing authority controlled by the City Council. Collections in 2016 would start at a total of 33 cents per $1,000 of a home’s assessed value (about $145 on a home worth $440,000), but the council could more than double that amount to 75 cents per $1,000, or $330 per year — without ever having to check with voters.

That’s not entirely true. Once the initial levy rate is set, the parks district would be subject to the same absurd one percent annual cap on regular levy revenue growth that Tim Eyman’s Initiative 747 imposes on all taxing districts. It is unclear to me whether the Parks District would be born with banked levy capacity up to the maximum revenue that could have been raised under the 75 cent per $1,000 statutory cap at the time of the initial levy, but even if so, that banked capacity would not grow with property valuations. In fact, since property values generally appreciate at a rate much faster than 1 percent a year, the actual maximum parks district levy rate per mille will inevitably decrease over time without a voter-approved lid lift.

Either the editors are too stupid to understand that, or they are engaging in dishonest scaremongering, pure and simple.

Under state law, this district cannot be dissolved by a public vote. Neither would citizens be able to file initiatives against decisions they disagree with.

Which is true. But citizens already can’t file initiatives against parks decisions now! The mayor proposes and the council amends and adopts parks appropriations through the annual budget process. City appropriations are not subject to initiative or referendum. How the parks department subsequently goes about spending its appropriations is a purely administrative function. Administrative actions are also not subject to initiative or referendum.

Again, either the editors don’t understand the law, or they’re hoping you don’t.

Though a 15-member citizens’ committee would ostensibly provide oversight, the real control is with the City Council. The parks district essentially creates a shadow city government, run by the same Seattle City Council with the same borders as the City of Seattle, but with vast new authority to levy up to about $89 million in new annual taxes on the same Seattle taxpayers.

How is it a “shadow city government” if it is composed entirely of the actual city government? Its meetings and records are open to the public. Its members are directly elected by voters. What is shadowy about that.

In fact, if you read the interlocal agreement that is part of the formation of the Parks District, nothing at all changes about the way decisions are actually made. The city will continue to own the parks. The mayor will continue to propose parks budgets. The council will continue to amend and approve parks budgets (before passing it on to itself in the guise of the Parks District for a pro forma vote). And the city’s parks department will continue to operate the parks on behalf of the district. Other than adding a citizens oversight committee, the only thing that substantively changes is the taxing authority. Nothing else.

There are not enough safeguards to stop the council from diverting general funds to other causes, such as sports arenas.

No safeguards except, you know, the ballot, the same safeguard that already stops the council from diverting funds to unpopular causes. These are elected officials. They answer to voters. That’s the safeguard: democracy.

(Also, “sports arenas?” Really? Now they’re just making shit up. In editorial board interviews and other forums, Parks District opponents have gone as far as to raise the specter that a Parks District could build an airstrip at Cal Anderson Park! That’s how stupid these sort of paranoid fantasies are.)

Proponents promise yearly department audits, but only after the measure becomes law.

Because you can’t audit something that doesn’t exist. Duh-uh.

Why wait? The city should conduct a robust, independent performance and financial audit before even attempting to ask voters to trust them and sign a blank check.

The office of the Washington State Auditor conducts annual financial and accountability audits of the city—including the Parks Department—the results of which are all available online. There are no outstanding negative findings regarding parks operations. As for a performance audit, it couldn’t hurt; but neither have the state’s performance audits proven to help all that much either.

Citizens deserve to know how funds have been used so far, and how the city might invest limited parks revenue more wisely.

See, this is really the heart of the disagreement here. The editors believe that parks revenue should be limited, whereas Mayor Murray and the council disagree. All their talk about accountability is bullshit. What they are really arguing for is more austerity.

• According to The Trust for Public Land, Seattle Parks and Recreation is ranked second in the nation for the number of employees per 10,000 residents among the nation’s 100 most populous cities. City spending on parks ranks fourth in the nation. Yet, it faces a daunting maintenance crisis that has left some buildings dilapidated, pools unusable, bathrooms dank and even allowed a broken pump at Green Lake to leak raw sewage.

Shorter Seattle Times: It’s all the fault of those greedy, lazy parks employees!

To be clear, the Parks Department has eliminated 142 positions since 2008, about 10 percent of its workforce. Further, Seattle Parks & Recreations is almost unique in the nation in that it encompasses community centers as well as parks, thus skewing our employee per resident and revenue per resident numbers upwards. Indeed, if you read the TPL report in its proper context (instead of cherry-picking data and deliberately presenting it out of context like the editors do), what you see is Seattle’s parks rankings slipping year over year compared to similar-size cities, do to our lack of investment.

So let’s be honest. One of the reasons the Seattle Times consistently opposes raising taxes (again, taxes many of its non-Seattle-resident editors will never pay) is because they view every funding crisis as an opportunity to punish unionized public employees. Not enough money to meet our paramount duty to amply fund public schools? Fire teachers, cut their pay, and break their unions! Sales tax revenue shortfall threatening 600,000 hours of Metro bus service? Fire bus drivers, cut their pay, and break their unions! Initiative 747’s ridiculous 1 percent cap on annual regular levy growth strangling the city’s ability to pay for parks and other public services? Fire workers, cut their pay, and break their unions!

• Despite campaign rhetoric calling on voters to invest in fixing parks, Proposition 1 would dedicate only about 58 percent, or $28 million, of revenue in the district’s first year toward chipping away at the city’s $270 million maintenance backlog. Eight percent, or $3 million, would pay for maintaining facilities. More than a quarter of the budget is slated for new programs and expansion.

That’s 58 percent toward addressing the maintenance backlog and 8 percent toward avoiding adding to it. Yes, a big chunk of the remainder goes to “expanding” programs… but only within the context of several years of program cuts. For example, we’re talking about restoring community center hours and routine park maintenance and service that had been cut during budgetary lean years. Over anything longer than a one-year time frame, that’s not an expansion.

As for new programs, the proposed budget would develop and maintain parks at 14 sites the city had previously acquired, but never had the funds to develop. Also a new program: performance monitoring! The editors oppose spending additional money on the exact sort of accountability they insist must be delivered before spending additional money! Imagine that.

Seattle needs to care for current assets before amassing more. It also ought to expand partnerships with nonprofits and private groups willing and ready to help sustain recreation programs.

Or, hell, why not just privatize?

Preserving parks is critical to quality of life and public health.

But paying for it is not.

The mayor and council members are understandably eager to create dedicated parks funding and free up room in limited levy capacity for other worthy programs, such as universal preschool. But they have failed to make a case for a Seattle Park District that gives elected officials so much additional, unfettered power to tax and spend.

Again, bullshit. The power isn’t unfettered and there’s zero loss of accountability. What the editors are really opposed to is “free[ing] up room in limited levy capacity for other worthy programs, such as universal preschool.” They want to drown city government in a bathtub.

By rejecting Proposition 1, voters send a strong message to city leadership: We love parks, but return with a levy or alternate measure that prioritizes park needs, holds officials more accountable and preserves citizen participation.

Actually, it would send the opposite and most obvious message: that we don’t love our parks. And they know that. But the anti-tax/anti-government/anti-Seattle editors just couldn’t give a shit.

Let’s be 100 percent clear: For all the over-the-top vilification, the proposed Seattle Municipal Parks District is little more than an accounting maneuver. For a hundred years, this latent taxing authority has been left untapped because a prosperous Seattle didn’t need it. But I-747’s ridiculous 1 percent cap (less than inflation let alone population-plus!) has left the city unable to grow revenues commensurate with its needs.

A parks district would provide a stable and adequate alternative revenue source while freeing up taxing capacity for other crucial services like universal pre-school. And it would leave the parks department just as accountable as it is now, if not more so.

What the Seattle Times is arguing for is what its editors always argue for: a slow and steady decline and erosion of the public sector. Tell them to go fuck themselves: Vote “yes.”

– I don’t get that far North much these days, but when I was younger, the Wayne Tunnel was always kind of fun to ride through. It’s nice to see they’re putting a mural on it.

– Another day, another shooting.

– So, what’s the over/under on the The Helping Working Families Afford Child Care Act actually becoming law?

– The only thing more drilling will guarantee is more profits for oil companies. And more environmental trashing.

– I’m pro saving Night Owl service, but it’s too bad it seems to come at the price of fuck rail to Ballard (or not; see the comments).

– What You Need To Know Before You Buy Weed In Washington

– Happy anniversary to the creation of the Cedar River Watershed. You don’t see very many votes as lopsided as 1,875 to 51 these days.

– West Seattle Summerfest is coming up.

The International Franchise Association and its members are shocked, shocked to find that lawyering is going on in here:

The City of Seattle’s decision to hire expensive outside legal counsel to try to defend its discriminatory actions against small businesses in the recently adopted minimum wage ordinance should outrage every taxpaying resident and business, according to Jan Simon, President and CEO of the Washington Lodging Association (WLA).

Last week the City announced it had hired Susman Godfrey, a Texas law firm with offices in Houston, Dallas, Los Angeles, New York City and Seattle, and Erwin Chemerinsky, dean at the University of California, Irvine School of Law, to assist in its defense of the ordinance.

“As a Seattle taxpayer I am flabbergasted and disappointed that the Mayor and City Council believe it is appropriate to hire an outside law firm charging a reported $1,100 an hour to defend the blatantly discriminatory sections of the ill-conceived ordinance,” said Simon.

Even worse, adds Simon in the press release, is that some of the money used to pay the city’s legal expenses will come from taxes on the very businesses who have filed this lawsuit! Which is, of course, hilarious.

Well it is true that the IFA lawsuit is laughably frivolous, that still wouldn’t excuse lazy lawyering on the part of the City Attorney’s office. Government agencies hire outside attorneys all the time, particularly to deal with highly specialized areas of the law. So it’s good to know that City Attorney Pete Holmes isn’t too stoned to know that he better seek outside expertise on this one, especially since he’s facing off against evil genius former US Solicitor General Paul Clement.

As for the IFA’s mock outrage, what’s next? Suing the Pike Place Market for refusing to rent to franchises? They can decry Seattle’s $15 minimum wage ordinance as “discriminatory” all they want—and maybe it is—but this sort of discrimination is neither illegal nor immoral. The only thing more laughable than its frivolous lawsuit is the IFA’s efforts to spin this into some sort of a civil rights issue.

Lauding him for his pragmatism, the Seattle Times editorial board has endorsed Republican Drew Stokesbary for the open state House seat in the 31st Legislative District. Which I suppose is to be expected, because Stokesbary is a Republican, whereas his main Democratic opponent is a local teachers union president. And if there’s anything the Blethenites hate more than a teacher or a unionist, it’s a teachers unionist.

But what the editors ignore, is that in addition to being a tax averse Republican, Stokesbary is also a bigot, a racist, a sycophant, and a lifelong asshole with absolutely no respect for our state’s voter-approved campaign finance and disclosure laws. This is a guy renowned for heckling professional golfer Curtis Strange, and for telling his immigrant classmates to go back where they came from. This is the kinda guy who complains about a teacher forcing him to read a book by a black author.

In other words, Stokesbary is an asshole.

And it’s not like he’s an especially qualified asshole, either. The Municipal League rated Stokesbary merely “adequate,” while his two opponents received a rating of “good.” And yet the editors claim that such adequate assholery is “crucial if deals are to be struck and gridlock avoided.” Oh please.

The truth is, the editors are infatuated with Stokesbary because he, like them, bizarrely believes the Washington Education Association to be “the most corrupt union in the state.”

Shorter Seattle Times: “We hate teachers unions.”

Hooray for today’s first legal recreational pot sale in Washington State! But it’s not like there aren’t already four medical marijuana “co-ops” on the same two-block stretch of Rainier Avenue South, or like medical marijuana “prescriptions” aren’t already a joke. And even when its sale was illicit, it’s not like normal people hadn’t been smoking pot, like, forever.

So for those who decry marijuana legalization as some sort of unraveling of civilization… chill out. It’s our societal attitude toward marijuana that is changing, not our actual behavior. And arguably, a society tends to be more civilized when its attitudes and behaviors are more closely aligned.

The Seattle Chapter of Drinking Liberally meets this evening for some political discussion over a drink. Please join us in the back room. There is no agenda, no program…just liberals hanging out and conversing.

We meet every Tuesday at the Roanoke Park Place Tavern, 2409 10th Ave E, Seattle. The starting time is 8:00 pm, but some folks show up before that for dinner.

Can’t make it to Seattle? Check out another Washington state chapter of Drinking Liberally over the next week. The Tri-Cities, Vancouver, WA, and Redmond chapters also meet on Tuesday. On Wednesday, the Bellingham chapter meets. And the Bremerton chapter meets on Thursday.

With 201 chapters of Living Liberally, including eighteen in Washington state, three in Oregon and three in Idaho, chances are excellent there’s a chapter meeting somewhere near you.

Boston-based Boloco is one of a handful of fast food chains that makes a point of paying its workers above the minimum wage. How and why does it do it?

“We were talking about building a culture in which we want our team members to take care of our customers,” Mr. Pepper said. “But we asked, ‘What’s in it for them?’ Honestly, very little.”

So in 2002, when the minimum wage was $5.15 an hour, Boloco raised its minimum pay to $8. It also began subsidizing commuting costs, providing English classes to immigrant employees and contributing up to 4 percent of an employee’s pay toward a 401(k).

“If we really wanted our people to care about our culture and care about our customers, we had to show that we cared about them,” Mr. Pepper said. “If we’re talking about building a business that’s successful, but our employees can’t go home and pay their bills, to me that success is a farce.”

When the company raised its minimum pay to $8, “that was an immediate hit to the P.& L.,” Mr. Pepper acknowledged, referring to the company’s profit and loss statement.

He said his privately held company, unlike some fast-food chains, did not sense an urgency to achieve a 20 percent profit margin per restaurant.

Zeynep Ton, a professor at the M.I.T. Sloan School of Management, said many companies did not pay their employees well because they had a short-term focus on maximizing profits.

During much of the minimum wage debate, proponents (including myself) have emphasized that a higher wage can actually be good for business—increasing productivity and reducing costly turnover, while stimulating the broader consumer economy. And all that is true. But if $15 ultimately decreases profit margins for the businesses required to pay it, so what?

It is important to remember that our current obsession with maximizing shareholder wealth is a late 20th century invention, first popularized by economist Milton Friedman in a 1970 article in the New York Times. It was never a part of classical economics. You won’t explicitly find it in Adam Smith. Through the early part of the 19th century, corporations were chartered to provide a public good. The modern joint stock corporation was never intended as a departure from this tradition, but merely as a means of more efficiently pooling capital, while limiting the liability of shareholders to the sum of their investment. Indeed, read the 1881 mission statement on the founding of the Wharton School, and it sounds downright utopian:

1. Object.  To provide for young men special means of training and of correct instruction in the knowledge and in the arts of modern Finance and Economy, both public and private, in order that, being well informed and free from delusions upon these important subjects, they may either serve the community skillfully as well as faithfully in offices of trust, or, remaining in private life, may prudently manage their own affairs and aid in maintaining sound financial morality: in short, to establish means for imparting a liberal education in all matters concerning Finance and Economy.

That executives might choose to run their corporations with a primary goal of maximizing shareholder wealth is up to them. But contrary to Friedman’s assertion, they are under no legal or moral obligation to do so.

I was sorting through some of the crap in my archives over the weekend, when I stumbled on this:

“If you have the 1 percent saying, ‘Tax the 99 percent,’ and the 99 percent saying, ‘Tax the 1 percent,’ you have a standstill.”
— former WA State Senator Joseph Zarelli (R-Ridgefield), 12/2/2011

That’s right: 99 to 1, and we’re at “a standstill.” Utterly fucking ridiculous.

Under threat of a referendum and/or initiative from so-called “ride-share” giants Uber and Lyft, the Seattle City Council is expected to repeal its recently passed taxi ordinance today, to be replaced by the alleged “compromise” negotiated by the mayor’s office. But the entire premise behind this urgency—that if the council doesn’t act today, the companies will file their referendum—is entirely false.

Tomorrow, King County Superior Court Judge Monica Benton will rule on a taxi industry lawsuit that argues that the Uber/Lyft referendum is outside the scope of the local initiative process because it addresses administrative issues, not legislative ones. Scope challenges can get a little fuzzy, but it’s a pretty strong argument backed up by a ton of precedent. I won’t hazard a guess on how Judge Benton will rule, but there’s a reasonable chance the plaintiffs will prevail.

So given the timing, the council should table today’s proposed action, and wait one day for the court to rule.

If the court rules in favor of the plaintiffs, then there is no Uber/Lyft referendum or initiative, and the council has plenty of time to readdress the issue in a more deliberative manner. If the court rules against the plaintiffs, then the council still has plenty of time to put an alternative measure on the ballot that gives voter a choice between two competing proposals.

Today’s so-called deadline is total bullshit.

The council spent a year holding hearings and commissioning studies and carefully deliberating the issues in order to come up the ordinance it passed. One would hope it has the balls to wait  just one more day before just rolling over and playing dead.

UPDATE: Yup, they repealed the ordinance: “I think the likelihood of the judge saying that something should not go to the voters is low,” said council member Sally Clark, who is not a lawyer. We’ll see.