Big victory for Fresno parks as Measure P tax wins in court. City opponents accept ruling
Justices with California’s Fifth District Court of Appeal overturned an opinion Thursday from a lower court on Fresno’s parks tax ballot measure, ordering the lower trial court to declare that Measure P passed.
Measure P on the November 2018 ballot proposed a 3/8-cent sales tax that would’ve generated $37.5 million annually for 30 years for Fresno parks and cultural arts. Measure P received about 52% “yes” votes.
The city of Fresno contended the ballot measure needed a two-thirds majority to pass, while Fresno Building Healthy Communities in its lawsuit said only a simple majority was needed.
The appellate opinion, authored by Justice Mark W. Snauffer, analyzed Proposition 13 and Proposition 218, two tax laws, and previous cases.
The justices ruled that Prop. 13 fails to mention election code that a local initiative can take effect when it garners a majority of votes cast. The opinion also determined that Prop. 218 does not apply to voter initiatives.
The opinion was supported by a recent case in San Francisco where a court ruled that a business tax for homeless services, which passed by 61% of voters, was constitutional because it was put on the ballot by citizens, rather than an elected body.
City leaders said they won’t fight the ruling.
Opponents and supporters react
Sandra Celedon, CEO and president of Fresno BHC, said that the ruling validates and reaffirms Fresno’s young people.
“They were right all along,” she said. “Ultimately this case has been about funding for parks that truly create opportunity and contributes to the wellbeing of everyone in our city.
“But more broadly, it’s about democracy and whose voice counts, and who gets to make decision for the people,” she said. “As the appellate court indicated, the people get to make decisions for themselves. And in Fresno, the majority has already decided that parks are worth investing in.”
About seven years ago, young Fresno teens told Fresno BHC that the city’s parks “suck” and began work to improve them through community park cleanups and beautification projects. Fresno BHC also spearheaded the effort for the city to update its parks master plan.
“The Central Valley Community Foundation is delighted with the court’s decision, and we are overjoyed to see the hard work of Fresno BHC and so many community youth leaders come to fruition with this historic ruling for our city,” said Ashley Swearengin, president and CEO of the Central Valley Community Foundation, which was part of the Yes on P campaign. “We are celebrating today knowing Measure P will benefit the residents of Fresno for generations to come.”
Measure P was supported by a broad coalition of community groups throughout Fresno, including doctors, politicians, businesses and nonprofits. It also had heavyweight opponents in Mayor Lee Brand, former police chief and now Mayor-elect Jerry Dyer, Fresno Fire Chief Kerri Donis, the Fresno Chamber of Commerce, and Darius Assemi, president of Granville Homes.
“They were actively opposing investing in parks and young people,” Celedon said of the opposition.
Fresno City Councilmember Garry Bredefeld disagreed with the ruling and said it will result in burdensome taxes for Fresnans. He would rather see more money go to public safety and infrastructure.
“The citizens of Fresno wisely rejected Measure P because it was a fiscally reckless tax scheme that required a two-thirds vote to pass,” he said. “Our focus and resources must remain on increasing public safety, helping our businesses that have been destroyed by government, fixing our roads, and dealing with homelessness. Raising taxes, taking more of people’s hard-earned money, creating more government bureaucracy and not focusing on Fresno’s real priorities will only hinder those efforts and further hurt our citizens who are already struggling.”
What’s next?
The city of Fresno and the Howard Jarvis Taxpayers Association now can decide if they want to fight the ruling. On Friday, the association said it will appeal.
Tim Bittle, director of legal affairs for Howard Jarvis, said the justices misconstrued the group’s argument.
“This case could be setting the precedent that initiatives don’t need a two-thirds vote,” Bittle said. “It would open a loophole that is going to invite all kinds of mischief.”
Bittle will ask the appeals court for a rehearing and petition the California Supreme Court to review the case.
But the tax association will be alone in that fight. Mayor Brand and Mayor-elect Dyer said they accepted the ruling and the city will not seek Supreme Court review.
“It is time for us to come together as a community and support the results of Measure P,” Dyer said in a statement to The Bee. “I look forward to working with the City Council and community members as we utilize these dollars to beautify our parks and trails and meet the needs of our youth for decades to come.”
Nathan Ahle, CEO and president of the Fresno Chamber of Commerce, which joined the No on P campaign, also said the chamber respects the court ruling and the voters who supported Measure P.
“We look forward to moving forward as a community,” Ahle said in a statement to The Bee. “Our opposition to the specifics of Measure P was never intended to indicate a lack of need for more and better parks in Fresno, and we are excited to see the progress our parks, arts, and trails will make in the coming years.”
Fresno City Council President Miguel Arias said the City Council will take up the matter on its first meeting of 2021, but he did not elaborate on what action the council would consider.
On Twitter, Arias called the decision an “early Christmas gift to all city of Fresno kids.”
“The time for lawsuits is over,” he said. “Let’s now get to work on fixing and building new parks. Our children and neighborhoods deserve nothing less.”
Apology owed, BHC leader says
Celedon said in a news conference Friday that Measure P opponents now have the opportunity to correct their error by taking action to implement the tax.
“I think there’s also an apology that’s owed to young people in the city, for coming out and blatantly opposing their hard work and their vision. And I think that that that’s long overdue,” she said.
Chali Lee, a youth leader with the group Fresno Boys and Men of Color, which brought Fresno’s deteriorating parks to the forefront of city conversation, said parks help the mental and physical health of families like his.
“Investing in parks is how we invest in our own families, to continue to grow together, to continue to provide space for our next generation of young folks,” Lee said. “When I think about it these parks really nurture our communities. They house our young people. They house our next youth leaders and advocates and athletes and students, and so much more.”
The Trust for Public Land annually ranks the nation’s top 100 cities for park access, and Fresno has ranked at or near the bottom for several years. Guillermo Rodriguez, California’s state director for the Trust for Public Land, commended the ruling.
“With this decision, the City of Fresno now has the resources to invest in the public health of its citizens, strengthen its local economy and provide jobs for local residents by investing in parks and green infrastructure,” he said.
This story was originally published December 17, 2020 at 3:45 PM.