Will San Diego's Sweeping Stadium and Tourism Initiative Pass Constitutional Muster?

A coalition of unlikely allies are circulating a sweeping ballot initiative in San Diego that would decide a hodge-podge of land use and tax issues confronting the city in one fell swoop. But is it legal?

1 minute read

March 28, 2016, 11:00 AM PDT

By wadams92101

In San Diego, a downtown hotel developer, an attorney who has blocked the increase of the transient occupancy tax (TOT), and a leading environmentalist have joined forces to promote a ballot initiative that would decide, or at least limit the choices, on a number of far flung issues. These issues include, among other things, a TOT increase and the location and funding of additional convention center facilities, an NFL stadium, and an "Urban Rivers Scientific Interpretive Center." The ballot initiative is entitled "The Citizens’ Plan for the Responsible Management of Major Tourism and Entertainment Resources."

The California Constitution requires that ballot initiatives be limited to a "single subject." This requirement is meant to avoid voter confusion. However, courts have held that multiple provisions in a ballot initiative do not run afoul of this requirement so long as they are "reasonably germane . . . to a single unifying purpose." The proponents argue that their single unifying purpose is "management of major tourism and entertainment resources."

The article, authored by members of the non-profit Public Interest Advocacy Clinic, takes a close look at how the ballot initiative stacks up against the constitutional requirement. It reaches no conclusion but provides the tools for the reader to make their own conclusion. In the process, it both helps explain a complicated ballot initiative and the single subject law.

FULL STORY: Does San Diego’s “Citizens Plan” ballot initiative violate the single subject requirement?

Sunday, March 27, 2016 in UrbDeZine

Government / Politics California Citizens Plan Cory Briggs Donna Frye Steve Peace San Diego View More

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