Californian's Take on Initiatives (10/14/04)
by Dean Hartwell
Three ballot initiatives stand out as especially interesting in the election here in California. They are Propositions 64, 68 and 71. By comparing the two sides of each initiative in the context of what result would occur if its side passed, I give my recommendations:
The “Yes” side calls it “Close the loophole that allows shakedown lawsuits” (http://www.stopshakedownlawsuits.com/) whereas the “No” side warns that “corporations guilty of unfair business practice are out to take away your legal rights” (http://www.electionwatchdog.org/). Both sides agree that the initiative would alter the Unfair Business Competition Law to restrict the right to bring certain lawsuits to the government.
What is the worst thing that can happen if this initiative passes? Individuals and community groups like environmental-based entities will no longer have the right to sue based on the law to protect the public from fraud, environmental harm and public health threats.
What is the worst thing that can happen if this initiative fails? People will continue to be able to file lawsuits to “shake down” companies (i.e. file a frivolous lawsuit to coerce a company to pay to avoid court).
If frivolous lawsuits are such a problem, our Legislature can enact legislation or we can pass a separate initiative to deter them. I am more concerned about deterring fraud, degradation of the environment and public health nuisances. Vote NO on 64.
The “Yes” side claims that we need “a fair share for California” (http://www.fairshareforcalifornia.org/main.html). On the other hand, the “No” side says the initiative is “the cardclub/racetrack deceptive gambling proposition” (http://www.stop68.com/).
Both sides agree that the State of California will renegotiate deals with Indian gaming interests to ask them to pay 25 percent of their profits and that if they don’t pay, others will be allowed to bring in their casinos.
What is the worst thing that can happen if this initiative passes? Indian gamers will decline to pay the amount and allow the state to bring in other gaming interests like Larry Flynt. Also, the state will have gone back on a promise it made to the Indian gaming interests to allow their casinos exclusivity.
What is the worst thing that can happen if this initiative fails? It would mean the status quo of Indian gaming allowed exclusivity as previously agreed.
We can probably handle the additional casinos that Proposition 68 would bring into California but we cannot easily handle going back on our word to the Indians. It would make the state’s word to its people less credible than it is now. Vote NO on 68.
Proposition 71
The “Yes” on 71 side claims the initiative is the “California stem cell research and cures initiative” (http://www.curesforcalifornia.com./). The “No” group calls it “the $3 billion taxpayer funded embryo cloning and stem cell research bond act” (http://www.noon71.com/). Both sides agree that the state of California will spend $3 billion to fund research of stem cells.
What is the worst thing that can happen if this initiative passes? The state spends a lot of money to research possible cures to such diseases and injuries as cancer, Alzheimer’s and spinal cord injury.
What is the worst thing that can happen if this initiative fails? The state saves money in the short-term, but possibly loses money it currently spends trying to treat the aforementioned problems. Thousands of people with illnesses and injuries go without hope.
Then, too, there are moralists who object to the use of embryos. We must balance the concerns of those who say that lives will be destroyed versus those whose lives have already been destroyed. I side with the latter. Vote YES on 71.