There is a bill moving through Sacramento requiring coastal cities to establish “Indian Gaming Casino” zones in their Civic Centers. Despite widespread outcry from environmentalists, the Legislature argues this measure is necessary to serve “the compelling state interest” of balancing the budget.
This is the type of environmental override we can expect if the Court of Appeals decision upholding AB988 is allowed to stand. Will supporters of the Coastal Commission’s takeover of Malibu be so ready to relinquish our right to vote when a pro-development legislature at another time forces yet another ideological agenda on Malibu?
The City of Malibu should begin issuing permits as soon as possible. However, the city must seek every legal avenue to appeal this decision to the State Supreme Court, as long as an appeal would not stop permitting. Many attorneys believe that the Appeals Court decision would die under legal scrutiny from a Supreme Court that has a good chance of affirming two prior decisions that the Coastal Commission is unconstitutional.
The California Constitution prohibits state agencies from writing city ordinances. The Court argued that Malibu did not deserve this Constitutional protection because Malibu had been taking up too much of the Commission’s time with permit applications. Dennis Sieder, in his brilliant Amicus Brief for Californians for Local Coastal Planning, cited well established case law that, simply because a party is an administrative burden, does not entitle the government to deny them equal protection under the law. Would you want to pay a higher property tax rate in Malibu because it takes longer for the County to assess Malibu homes?
As it now stands, Malibuites have joined felons as the only class who have forever lost their right to vote. There are few, if any, reasons for the government to take away voting rights that are the cornerstone of our Democracy. I feel confident that our city will regain ours.
Anne Hoffman