- Joined
- Mar 11, 2016
The "no takesies-backsies" clause has another fatal flaw - it can be repealed under 'countervailing emergency circumstances':So if you're going to have a clause like this, you have to at least spell out the consequences (like penalties for a broken lease, etc) instead of just saying "you can't undo the thing that was just done."
And that term is never defined. The board could declare one for any or no reason, include the 'emergency' designation in the ballot measure, and that would constitute (admittedly malicious) compliance with the law.
If I understood Hollingsworth correctly SCOTUS has held that sponsors of a ballot measure, or individuals who agree with the measure's premise, lack standing to defend it in court even if local officials decline to do so. This would presumably gut Russ' ability to fight the repeal measure, I've never heard of clients of a business having standing to oppose a measure which would outlaw that business. Not that it will stop him from trying.
ETA: I misread the section about the board, according to subsection 10.1 the city/county board would pull double duty as the prostitution oversight board and therefore could be staffed, incorrect text below is left in for posterity.
So the board with the sole authority to approve brothels would be permanently vacant and unfillable even if the measure passed.
Great job Rusty!
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