NEVADA CITY, Calif. March 17, 2016 – A very short hearing on the amended Order to Show Cause (OSC) against the revised impartial analysis for Nevada County’s Measure W took place earlier this afternoon. Appearing before Nevada County Superior Court Judge Heidelberger the two parties briefly summed up their positions, submitted in briefs before today. Attorney Heather Burke, on behalf of Forrest Hurd and his son Silas, stated “The plain language of Measure W requires compliance with federal law, the plain language of the ordinance does not.” Burke continued: “We are not challenging Measure W[itself] now, we will get there. The language [of the impartial analysis] doesn’t truthfully state what it is.”
Representing Nevada County, Assistant County Counsel Amanda Uhrhammer retorted “That’s an attack on the ballot measure, not on the analysis. An attack on [Measure] W is not in any writ. Compliance with federal law is only required where it applies.”
Judge Heidelberger took the matter under submission and said her ruling would be available before the close of the clerk’s office (4:00 pm) Moments ago, the ruling was made available. The OSC is denied and the impartial analysis can be printed as is in the Voter Information Pamphlet.
The judge’s conclusion and comments are below:
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“Based on the foregoing, the request for a Preliminary Injunction is denied. The Court finds that the Impartial Analysis properly shows the effect of the measure on the existing law and the operation of the measure. Further, the Court finds that the language of the revised Impartial Analysis is not untruthful, is not confusing, is not misleading, and is impartial.
The Court notes that this Ruling on Preliminary Injunction does not address the validity or Constitutionality of either Ordinance 2405 or Measure W. Whether or not a complete outdoor ban is permissible under the law is not before this Court. Any challenges to the Constitutionality of the Measure or the Ordinance may be brought after the election.”
Measure W will be on the June 7th ballot in Nevada County. The deadline to register to vote in the election is May 23, 2016. You can register to vote here or contact the Nevada County Elections Office for a voter registration card.