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The Petri Dish
October 15, 2009

 
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Appeals court allows release of R-71 petitions


Posted at 12:19 pm by Jerry Cornfield

A three-judge panel of the 9th Circuit Court of Appeals ruled today that the state can release the names of the 138,000 people who signed petitions for Referendum 71.

Here is the order issued today:

The court, after consideration of the record and briefs of the parties, and oral
argument, has determined that the district court's Order Granting Plaintiffs'
Motion for Preliminary Injunction (the “Preliminary Injunction Order”), filed
September 10, 2009, relies on an incorrect legal standard and, therefore, must be
reversed.

It is therefore ordered:

1. Appellants' motion for a stay pending appeal is granted and the
Preliminary Injunction Order is hereby stayed, effective immediately, pending final
resolution of these appeals.

2. An opinion setting forth the reasons for the court's reversal of the
Preliminary Injunction Order shall be issued expeditiously and in due course.

Here's the reaction from the Secretary of State Sam Reed:

"I'm glad the 9th Circuit has upheld what we have been saying. These petitions are not like a secret ballot, but amount to taking part in our legislative process, which is required to be open and accountable."

And state Elections Director Nick Handy:

"The winner here is open government."

The Secretary of State's Office has disks containing the names ready for distribution.

COMMENTS

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It's fine that the names be made public, as they should with everything related to gov't. BUT! Then we have people like the comment before that will use the names for the own agendas of hatred and bigotry. They have big mouths and bigger agendas that cannot respect the opinions of others. There are always two sides to an opinion or idea, so why is it that if someone doesn't agree with you, they MUST be haters and bigots. Unfortunately, no truer words can be said of people like the above commentator.
R S | Oct 15, 2009 8:41 pm | 1 replies | Request removal

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Good
It's a good thing that we'll know who supports hatred and bigotry. I support this decision. I'll be able to pick and choose where I spend my money. In the future, should any of these people run for office, I'll know who not to vote for.
R N | Oct 15, 2009 7:48 pm | 0 replies | Request removal

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