An abuse of power by a special-interest majority: Legislating campaign materials for a special-interest anti-2A group

A majority of the City Council on October 2, including three members of a special-interest anti-Ballot Issue 2A group, voted to pass a resolution supporting that group’s position on 2A.

The Boulder Daily Camera condemned Res 52 both because it contained a false “factual finding” and because Council member Don Brown, who wrote and sponsored Res 52, is a member of Louisville Moving Forward (LMF), a special-interest advocacy group dedicated to defeating 2A.

The Camera's editorial didn't faze Mr. Brown or the rest of the majority: it approved the resolution anyway. Almost half the Council who voted to approve Res 52 also are members of Louisville Moving Forward:

Don Brown and his wife belong to LMF
Sheri Marsella and her husband belong to LMF
Dave Clabots belongs to LMF

Also voting with the majority was Mayor Chuck Sisk, whose own conflict of interest was obvious: He is the chairman of the Louisville Revitalization Commission, from whom Issue 2A would take the urban renewal powers and transfer them to the City Council.

Did these four Council members cast a vote in favor of Res 52 because it was in the best interests of a special-interest group trying to win an election, or because it was in this community's best interests?

The majority’s shameful use of raw power for a naked political end was breathtaking:

1. As the majority implicitly acknowledged, this is the first time the Louisville City Council has ever taken a position on a local ballot initiative. There is a good rationale for that history: initiatives are only brought forward when their proponents cannot persuade the Council to enact laws the initiatives propose. When citizens bring initiatives, they are bypassing their elected officials and asking all voters to decide an important question directly. In this circumstance, government has no role except to ensure the vote occurs. As one speaker eloquently said on October 2, when an initiative is on the ballot, we will tell our elected officials what to do and their responsibility is simply to listen.

2. When almost half the City Council belongs to a special interest group opposing 2A, for whom did these Council members act: the citizens of Louisville; or Louisville Moving Forward? Mr. Brown defended his vote yesterday by claiming he was voting “yes” on behalf of all citizens. How would we know? Does he even know?

3. When Mr. Sisk voted on Res 52, did he do so as Chairman of the unelected LRC to prevent the the transfer of urban-renewal powers to the elected City Council? Or did he do so as Mayor of Louisville for the good of the City of Louisville?

4. Why is the government getting involved in legislating campaign materials for one side of a political issue?

A note on PreserveLouisville.org:

PreserveLouisville.org is also a special-interest advocacy group, but no Council person is a member and, more to the point, we have not asked, and do not believe it appropriate to ask, a government official to use public taxpayer dollars and public resources to write campaign literature for us. Noting that the published membership list of LMF had been publicized at the Council meeting to show that three Council members were also members of LMF, Mayor Sisk at the October 2 meeting asked aloud, "Where is the membership list for PreserveLouisville.org?" Added Council member Don Brown (paraphrase): "I've looked at their web site, and it's not there." Then, unwittingly making our point, Mr. Brown added that he tried to "join" PreserveLouisville.org but was told that City Council members cannot join.

Messrs. Sisk's and Brown's governmental fixation over the "membership" of a citizens group was another ground-breaking event for this Council that night, and not a good one: A bedrock principle of the cherished American right to freedom of association is the right to be free from government intrusion into citizen associations, and no government official should attempt to coerce the disclosure of members of an association. This was precisely the holding of the United States Supreme Court's landmark First Amendment case, NAACP v. Alabama, 357 U.S. 449 (1958). Mayor Sisk's governmental curiosity was not only improper, but also misguided. We have an organization that spurns structure, the kind of "membership lists" that Mayor Sisk would like to see, and any traditionalist toe-the-line view of issues affecting our town. We believe our arguments for a better government and a better town stand or fall on their own merits, and we ask that they be judged on their own merits, and not on the "identity" of a specific person. Unlike LMF's publicly disclosed members, our "members" have no governmental power, only the power of our ideas.

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