Board Puts Tobacco Measure on Ballot

A controversial initiative that would award the lion’s share of money from a major tobacco settlement to local health care concerns was placed on the November ballot by a unanimous but reluctant Orange County Board of Supervisors on Thursday.

At the same time, though, supervisors revealed that the county plans to file a lawsuit today challenging the constitutionality of the initiative, dubbed Measure H.

“Our legal experts think it’s unconstitutional on the basis that it uses the initiative referendum procedure to determine how the county government spends money from the general fund,” board Chairman Chuck Smith said. “That’s never been done before.”

Under the initiative process, however, the supervisors--despite their opposition--have no alternative legally but to place the measure on the ballot.

The initiative, sponsored by a group of physicians and health care concerns, came after a settlement of a class-action lawsuit by the federal government against the tobacco industry. Orange County’s share is expected to be $30 million to $38 million annually over 25 years. The controversial ballot initiative would allocate 80% of that money to local health care and 20% to law enforcement.

“The tobacco money was intended to assist counties with health-related issues, and this money needs to be invested in the community,” said Supervisor Todd Spitzer who, along with Supervisor Tom Wilson, has said he favors Measure H and intends to campaign on its behalf. “We all win when the residents of the county are in good health.”

Smith is critical of the initiative, however, because it undermines what he and some other board members consider a higher priority: paying off remaining debt from the county’s 1994 bankruptcy, which is costing a huge amount in interest payments annually.

“This money would be ideal to pay off the bonds” from that debt, Smith said. “It’s a travesty for the money to go to doctors and hospitals with a very minimum, if any, of new health programs. I will speak against it.”

Thursday’s vote came after supporters gathered 115,000 signatures, far more than the 71,000 required, to put the measure on the ballot. Supervisors earlier had failed to agree on various formulas that would have awarded smaller portions of the money to health care.

On Thursday, Spitzer said he intends to work vigorously for Measure H. “I’m going to campaign for this just as hard as I did for Measure F,” he said, referring to the March measure requiring two-thirds voter approval of an El Toro airport. “I’m prepared. We’re going to win. We’re going to convince the court of public opinion that this money should be spent on health care.”