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The Right to Vote

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Once again, the voters will be denied the opportunity to democratically decide an issue for themselves. Removing the Weldon Canyon issue from the ballot is a triumph of technical lawyering over justice, and it is symptomatic of the problems facing America today.

It appears the judge somehow felt that it was not a valid land-use issue, but instead was designated to further the economic goals of a private business. Well, as an elected council member and mayor, I’ve been voting on land-use decisions now for 15 years. Virtually all of the requests are based on economic reasons. The proponent of a proposed land use wants to make better economic return. That’s the way a free enterprise economy works. Opponents feel that the use directly impacts the desirability of their neighborhood, may negatively impact the overall community, or even degrade their quality of life. All of this impacts the livability of an area, and thus the value of their property.

All sides to these issues have legitimate concerns, and it is the purpose of government to balance these two competing positions. Land-use planning by the ballot box is a routine occurrence. Just recently, the voters of Simi Valley rejected a discount retailer next to our regional mall site. The referendum has been an important tool used by the voters to maintain a community perspective on projects.

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My main concern on this issue is not the correctness of the proposed land use, the intent of the proponents, or even the goals of the opponents. I am concerned about the laws that put the judiciary into the untenable position of having to interfere with the rights of the people to vote. In past cases the courts have shown remarkable restraint in refusing to intervene except in the most flagrant of violations. Gray areas and minor technicalities were left to the voters to sort out. Now we see cases where legal minutia are being used to remove propositions and candidates from the ballot. This is just more law and less justice, a worrying trend.

It just isn’t fair to the judges. The Legislature must change the election laws so that the courts are forced to decide pre-election legal challenges only where based on clear, objective grounds. The more complicated technical challenges and constitutional issues can be held after the public has had its say.

GREG STRATTON

Simi Valley

Greg Stratton is the mayor of Simi Valley.

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