Jarvis Group Joins Fray Over Measure H

The Howard Jarvis Taxpayers Assn. has joined in the legal battle over Measure H, the bitterly fought initiative supported by 65% of the voters on Nov. 7 and over which Orange County has sued.

The Jarvis group filed a friend-of-the-court brief Dec. 21 in Orange County Superior Court in support of Measure H, which mandates that most of $750 million in tobacco settlement funds the county will receive over the next quarter-century be spent on health care.

The group did so because “it firmly disagrees with the county’s position in this action,” according to the filing.

Despite the election victory, three of the five county supervisors--Chairman Chuck Smith, Cynthia P. Coad and Jim Silva--took action to block the initiative by challenging its constitutionality in court.

Supervisors argued that the initiative denies them authority to administer the county’s budget now and in the future.

The state attorney general’s office already has offered to defend the measure on behalf of voters.

In its brief, the Jarvis association argues that the state Supreme Court has upheld in several cases the “local electorate’s right to initiative” and referendum as guaranteed by the state Constitution.

“When confronted with a claim by government that a matter is outside the scope of the people’s initiative power, the initiative power must be liberally construed,” the brief states, citing an appellate ruling.

The late Howard Jarvis was one of the authors of Proposition 13, the 1978 measure that sharply curtailed property-tax increases. He helped found the association, which has a keen interest in defending the initiative process and the rights of initiative proponents.

The county counsel’s office could not be reached Wednesday for comment.