After reviewing Judge Chalfant’s decision regarding Measure R, it is clear to me that the initiative was rightfully invalidated. There is a reason why constitutional rights, even property rights, are not put up to popular vote.
This is not to say that the City of Malibu cannot or should not impose certain restrictions on commercial property development. Such restrictions, however, must pass a strict scrutiny review by furthering a compelling government interest, being narrowly tailored to achieve such an interest and being the least restrictive means for achieving such an interest.
On its face and at its core, Measure R is overly broad and arbitrarily denies substantive due process to property owners.
I hope that our city’s leaders are able to enact reasonable restrictions upon future commercial development, but such restrictions must uphold the fundamental rights that our nation, state and city each have a duty to protect.
Hap Henry