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Santa Barbara Libertarians use the courts to keep government in check |
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Written by Administrator
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Wednesday, 01 January 2003 |
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No date given.
Santa Barbara Libertarians use the courts to keep government in check
When Libertarians in Santa Barbara, California reached an out-of-court settlement with a local sheriff in January, they experienced something they've grown very accustomed to: Victory through lawsuits.
"Litigation is just the way of getting the government's attention when they are ignoring the law," said Robert Bakhaus, the secretary of the county party, who has helped spearhead five lawsuits against local government since 1990.
"We want to stop the corruption," he said -- and Libertarians have learned how to do so with a ballot in one hand and a civil action in the other.
The Santa Barbara LP's most recent legal victory was announced on January 22, when local Sheriff Jim Thomas agreed to settle out of court -- and pay the LP $15,000 in attorney's fees -- to end a lawsuit that had charged him with misusing tax money to lobby for a sales tax increase.
In 2000, the sheriff spent more than $10,000 to create an 11-minute video encouraging voters to support Measure U, which would have raised the county sales tax by one-half cent to fund a new jail. Thomas starred in the video, appearing in uniform.
Although state law specifically prohibits government officials from spending taxpayers' money to influence the outcome of any ballot measure, Thomas claimed he acted properly because the video was "strictly educational."
"It's clear what Thomas did was wrong," said Bakhaus -- which is why the party filed the suit after Measure U passed in November. "I've always believed government officials should be held accountable."
The party agreed to the out-of-court settlement, he said, to save taxpayers the cost of a trial, and because Thomas promised to "strictly follow the law" for any future ballot measures.
The lawsuit was the party's fourth legal victory in five attempts. In previous years, the party filed suits against:
* Confusing language in a measure that would have changed how the City Council was elected (1990). Outcome: A court ruled the issue moot.
* A Santa Barbara mayor who violated the city's term limits law (1993). Outcome: A state Appeals Court agreed, and removed the mayor from office. He also reimbursed the LP $11,300 in attorney's fees.
* The Santa Barbara School District, which used taxpayer money to hire a political consultant to try to pass a revenue bond (1998). Outcome: Settled out of court, with the School District paying $16,500 in attorney's fees.
* The Santa Barbara School District, which refused to allow public comments about topics discussed in closed session, in violation of the state's Browne Act (2000). Outcome: Settled out of court, with the School District paying $52,500 in attorney's fees. The School District also agreed to sponsor a meeting to educate members about the Browne Act, which requires most public meetings to be open.
Although most of the LP's cases ended in settlements -- with no specific acknowledgement of wrongdoing by government officials -- they served to make the government aware that Libertarians were watching, said Bakhaus.
"A political party is the vehicle to reform," he said. And in addition to the LP's usual political arsenal of running candidates and lobbying, "We've discovered that the Libertarian Party can be effective through litigation."
Source: http://www.lp.org/lpnews/0104/barbara.html
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