Taxpayer group will fight Measure P parks tax ruling. Supporters ask city to implement
The Howard Jarvis Taxpayers Association will fight the Fifth District Court of Appeal ruling that determined Measure P, Fresno’s parks tax ballot initiative, only needed a simple majority to pass.
Justices handed down the ruling Thursday after hearing oral arguments earlier in the week.
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, joined in its legal fight by Howard Jarvis, 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 appeals court agreed with Fresno BHC.
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. Fresno Mayor Lee Brand and Fresno Mayor-elect Jerry Dyer, both of whom campaigned against Measure P, said Thursday they accepted the ruling and the city will not seek Supreme Court review.
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.”
Apology owed, BHC leader says
Sandra Celedon, President and CEO of Fresno BHC, 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 18, 2020 at 5:11 PM.