Measure A not overturned

By ERIC LINDBERG — July 1, 2009

The rumors of Measure A’s death have been greatly exaggerated.

That’s the message from local leaders in response to an online report that a Santa Barbara Superior Court Judge had overturned the recently re-approved half-cent sales tax.

The misunderstanding likely resulted from a clerical error in the court system, said Gary Blair, executive officer of Santa Barbara Superior Court.

He confirmed that Judge Thomas Anderle had signed an incorrect order that set aside Measure A, along with a regional transportation plan, until further environmental review of the transportation plan was completed.

The judge is expected to retract the order and issue a new one that excludes any mention of overturning Measure A, which received 79 percent approval from voters in November.

But information from the prior faulty ruling had already spread via the website of Eugene Wilson, an attorney involved in litigation with the Santa Barbara County Association of Governments (SBCAG) over environmental review completed for the association’s regional transportation plan.

While the site was updated later to reflect the fact that the judge had signed the wrong order, the headline of the initial posting, at eugeneswilson.com, proclaimed “Measure A Has Been Overturned” and was signed by Eugene Wilson.

It linked to a copy of the incorrect ruling signed by Judge Anderle that ordered SBCAG to set aside Measure A, a 30-year extension of Measure D that supports transportation projects throughout the county.

Attempts to contact Wilson yesterday were not successful, but his updated post noted that the judge’s secretary had informed him that the wrong order had been signed.

“The secretary indicated that the judge had two judgments on his desk and picked up and signed the wrong one,” Wilson wrote.

The attorney had previously challenged SBCAG for “electioneering” during the Measure A renewal campaign last year and also attempted to have the sales tax measure subjected to environmental review. Both challenges were denied.

As a funding mechanism, the tax measure is not subject to environmental review, said Kevin Ready, senior deputy counsel for the county of Santa Barbara. He said that finding was confirmed in a prior court ruling in October 2008.

Gregg Hart, a spokesman for SBCAG, said the association will have to make some revisions to the environmental impact report linked to its transportation plan, but that process should have no impact on Measure A.

“This will not delay any of the Measure A projects or any of the transportation projects,” he said.

As far as the regional transportation plan’s environmental review, Ready said a few areas need to be “fleshed out,” including portions related to greenhouse gases and traffic impacts.

“We’re working diligently to get those things added,” he said.

Editor's Note: The above quoted phrase, "fleshed out," has been changed from its prior, incorrect form of "flushed out." The Daily Sound regrets the error.

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Meaure A : 7/1/2009

"The wrong order had been signed" needs explanation. See the order here >>> http://eugeneswilson.com/blog/wp-content/uploads/2009/06/Measure-A-Judgment.pdf Besides the rumor of a rumor that the wrong order had been signed this judgement is specific to this writ. I wouldn't want to offer up excuses for the reported judge error but perhaps the judge found differently after writing this writ and intended to change it or reverse it. Or, if I wanted to consider a nefarious arm-twisting scenario I could. There seems to be a lot of corruption going on on our planet. BTW this is not meant to defame any individual but it rather it is a reflection on corruption at the electorate level.

Don McDermott

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Measure A not overturned : 7/1/2009

My words in the penultimate paragragh, above, should be "fleshed out" not "flushed out." The court ordered further analysis of green house gas inpact vis-a-vis energy usage and discussion of the concept of "induced traffic."

Kevin E. Ready, Senior Deputy County Counsel

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Wilson should be disbarred : 7/1/2009

If Wilson didn't know by now how Anderle had ruled on his claim that Measure A should be subjected to CEQA, he's too dumb to practice law and should be disbarred.

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