City of Scottsdale illegally interferes with Photo Radar Referendum

Scottdale Activist ^ | 11/25/2005 | Michael Merrill

[Jimbaugh]

City of Scottsdale illegally interferes with Photo Radar Referendum

Have you ever had to go to a government office to file paper work of any type during a Legal Holiday?

If you had gone, you would have noticed the doors locked and the lights off, and typically most people would not have gone because they understand that no government offices are opened.

The attempts of citizens to place a question on the ballot regarding photo radar was thwarted by the city of Scottsdale and it's actions to claim that our filing deadline was Thursday the 24th which was Thanksgiving Day.

The city after a long period of time then decided that we could file on Friday the 25th if we desired, again part of the holiday when the city had already posted publicly that all government offices were closed. Then the city sent us a letter saying that we could file the papers on Monday the 28th, the next day that the city would resume normal operations; however they reserved the right to refuse the petitions as being filed on the wrong date.

We have continually contended the filing date by the city was incorrect and that by the city taking such actions and denying us our final push where we had paid petition people ready to gather the rest of the needed signatures, which would have placed us where we needed to be to get the question on the ballot, was a direct violation of State and City laws regarding influencing the out come of the petition drive fro a legal referendum.

State law clearly tells that Counties, Townships, and Cities must follow as closely as possible the State guidelines regarding election process and laws unless it is noted in the city Charter or the City Ordinances to be different.

The City Charter holds no such language and the city Ordinance refers the reader back to the State process which now places the city in the position of having to follow State Guidelines.

In 3 separate sections of Chapter 19 of the State Election laws, it is clearly stated the State does not process results on Saturday, Sunday or Legal Holidays.

However the city of Scottsdale, knowing that we would indeed get the signatures we needed with the plans we had in place decided to Violate State Laws to unfairly influence the outcome of the results by not making the filing date of Monday the 28th, the next normal business day of the City Government.

With this action the city shorted the voting public the 4 remaining days we intended to use for finishing off signature collections. We had one Petition company offering to get what we needed at cost only, and another petition group willing to expend enough money to collect 1500 more signatures to help us get the signatures we needed. We calculate that those 4 days and the amount of shoppers that would be out over this holiday weekend could have actually put our numbers over the 4000 signature mark.

For all of the residents who came out in masses to sign the petitions, and to all the volunteers we had collecting signatures we would like to state that we are not done as of yet and will be seeking to file a legal challenge against the city for illegally influencing the outcome of a referendum.

On Monday we will also be filing formal complaints with both the Secretary of State and the State Attorney Generals office to force the city to now place the question on the ballot because of their clear interference to influence the public’s right to decide an issue by referendum

On December 12th the city council plans on approving funding for the Radar Program on the Loop 101 and it is time for everyone’s voices to be heard loud and clear that you do not want the council approve the funding for an issue that the city as a whole disagrees with. We are asking that everyone on this list e-mail the city council to vote NO and to send this to all other interested parties to do the same.

In conclusion I would like my e-mail address placed in the e-mailing list so that when we appear at the council meeting we will show in public, the resentment of the city residents with the council’s actions.

CityCouncil@scottsdaleaz.gov f8713@aol.com

Respectfully Michael Merrill

Website Links http://www.scottsdaleactivist.com/

http://www.highwayrobbery.net/ http://www.redflex.com.au/traffic/traffic_frame.htm

[Jimbaugh]

When government officials say that that want the people to get involved don’t you believe it. The citizens of Scottsdale, Arizona have been petitioning their city council to stop photo speed radar.

I worked with the attorney that forced the city of San Diego to retime all of the photo red light cameras in San Diego. The camera companies reduced the yellow light to three seconds to entrap the motorists. We forced them to change it back to four seconds. They lost 80 percent of their revenue.

Now it looks like they have found a new way to get into people pockets. I just happen to be staying at my brother’s house in Scottdale, Arizona and he received an email that made me mad.

The city council of Scottsdale has tried everything they could to block a petition to stop the spending of 700,000 dollars of taxpayer’s money to an Australian company.

I have some suggestion that we used in San Diego (http://www.hadenoughyet.com/) The flash at night is a hazard. The company should be forced to indemnify the city against all lawsuits and should guarantee insurance of 10 million dollars per incident. Have they done an environmental impact study. I am sure that has to be done on anything on a state freeway. Check and see if anyone is getting money from this company. Get the city council on video tape asking why won’t you let the people vote. “What are you afraid of.” Get tape of these events and get ready for the next election.

Jim Daugherty

www.holdtheirfeettothefire.com

[Jimbaugh]

We need any information that we can use on the City Council of Scottdale. Just freepmail me the information.

[Nomorjer Kinov]

You are correct. Governments want you to "have your say" until the time comes when you can actually effect and outcome counter to their plans. Then, they will cut off your options.

[earlyapex]

Interestingly, Scottsdale is home to a large provider of photo traffic enforcement equipment:

redflex

[B.O. Plenty]

What do you expect? Red light cameras are the money making-est thing that has come along since the printing press. Damn right governments are going to do everything in their power to thwart any attempt by the citizens to stop them from installing and using the cameras at any intersection that will make money.

Take all these people out at the next election.

[oceanview]

is the NMA helping with this?

[Jimbaugh]

I don't know but I will send them an email.

This is the first time in the US that they are trying to get photo speed eforcement on a freeway.

Coming to a freeway near you.