CYPRESS : Card Club Ballot Wording Is Revised

A Superior Court judge Tuesday described the ballot arguments for and against Cypress’ card club initiative as misleading and ordered that the inaccuracies be removed.

“There are some real problems with the language on both sides,” Judge Richard J. Beacom told attorneys who had gathered in his Santa Ana courtroom. “I see some significant errors and misstatements.”

For more than two hours, Beacom presided over negotiations as attorneys combed through the ballot arguments for and against Measure A and made changes, sometimes eliminating entire sections. Some of the most heated debate concerned ballot statements about fire safety, crime and job creation.

Card club proponents had claimed, for instance, that if Measure A is not approved, funding would be reduced for the city’s fire department. The statement was eliminated after opponents noted that Cypress doesn’t have a fire department but contracts with the county for services.

Opponents of the card club were also required to modify statements. They conceded, for instance, that workers at the card club could make more than minimum wage because they would be earning tips in addition to a base salary.

The compromises settle a 2-week-old dispute initiated by card club proponents. Resident Roger Geyer filed suit earlier this month against members of Cypress Citizens Against Card Clubs, contending that portions of the group’s ballot argument were incorrect.

Members of the citizens’ group responded with a countersuit, claiming that most of the ballot arguments submitted by card club supporters were incorrect.

As part of the agreement, both sides accepted the new language of the ballot arguments, which will appear in a voter pamphlet before the election, and agreed to drop litigation.

Both sides expressed satisfaction with the results.

“I think it went very well,” said attorney Brad Hertz, who represented Geyer. “We think the most important thing is the truth will go to the voters and they will decide the merits of Measure A.”

Jean McKinzie, co-chairwoman of Cypress Citizens Against Card Clubs, said she felt her group had come out ahead by winning key changes in the proponents’ argument. “We are overjoyed,” she said. “I would imagine at this point that they wish they didn’t challenge our rebuttal.”

Measure A asks Cypress residents if they will allow Los Alamitos Race Course owner Lloyd Arnold and his partners to build the Derby Club, a $30-million, 24-hour card club, at the racetrack. It is one of two card-club proposals that will appear on the June 8 ballot in Orange County. Stanton voters will also go to the polls to determine whether to allow a card club in their city.