SodaCanyonRoad | County removes false 'No on C' ballot arguments
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County removes false 'No on C' ballot arguments
Bill Hocker | May 6, 2018 on: Measure C


Update 5/6/18
Perl Perlmutter, the attorney who drafted Measure C, has written an op-ed explaining the significance of the decision against the opponents of Measure C for false and misleading statements in their ballot statement.

Perl Perlmutter LTE 5/6/18: Here's what the court said

Update 4/3/18
NVR 4/7/18: Measure C opponents agree to ballot argument changes

Yes on C press release on changes

Note that the statements removed were those where concrete evidence showed them to be false, like “all Napa mayors and Supervisors oppose measure C” when affidavits from them prove otherwise. The equally outrageous claims involving opinion, like fewer vineyards causing increased traffic on Hwy 29, were not removed because there is no provable truth to some causation, however nonsensical. The language touting such speculation should have been changed from “will” to “may”.

Yes-On-C Announcement: Voters Deserve the Truth

Update 4/3/18
NVR 4/3/18: Backers of Napa County ballot measures cry foul on opposition arguments

3/30/18
Attorney Yeoryios Apallas has filed a lawsuit alleging false and misleading statements in the ballot arguments against Measure C. The case will be heard in Napa County Superior Court, 1111 3rd St, Napa on April 6, 2018 starting at 11:30am.Revised date and time

Wine Business.com 3/28/18: Napa County "No on C" Campaign Sued Over Ballot Argument Mistruths

A buried reference to the lawsuit is here:
NVR 2/28/18: Napa supervisors want to explore appointed Registrar of Voters position

The press release on the lawsuit is here

The Lawsuit documents
Proposed Judgment on Lawsuit
Verified Petition for Writ of Mandate (the suit)
Yeoryios Apallas Memorandum of Points in Support of Petition
Declaration of Alan Galbraith in Support of Petition
Declaration of Robert Perlmutter in Support of Petition
(with exhibits including contested ballot statement exhibit 1)


Comments
Bill Hocker - Mar 30, 2018 10:48AM

As if John Teuter didn't have enough on his plate, attorney Yeoryios Apallas has filed a lawsuit alleging false and misleading statements in the ballot arguments against Measure C. It is not hard to see why:

From the ballot opposition statement:
"Measure C will outlaw future farming in the Ag Watershed and encourage other types of development, while still allowing 795 acres of oak woodlands to be removed - opening the door for event centers and more luxury homes to be developed across our agricultural watershed; destroying our viewshed and hillsides; and increasing traffic on our already congested rural roads and Highway 29"


(This statement is an interesting, perhaps first, example of supporters of the "wine industry" embracing "event center" to describe a winery. Thank you.)

Such overt fear-mongering in an opposition statement would normally be easy to dismiss, but in the age of Trumpian fake-everything and fact-free discourse there can be very real-world consequences to phony claims. Of particular concern to me?: the opponents' ingenuous concern that winery and housing development in the watersheds will increase as vineyards are reduced.

The concept that plutocrats and corporations will be more likely to build event centers and mansions on remote properties without vines than they already do on properties with vines makes no sense. How many would want to buy one of the 35 inaccessible Walt Ranch properties without the vines, roads, water system and cachet that vineyard development provides? Once the vines are in, the buildings will arrive. And not before.

Perhaps there is the implication that the watersheds, providing the water needed for the Napa's real agricultural economy and its municipalities, and providing the beauty that is the pride of residents and tourists alike, may be rezoned to residential-commercial use because you can't farm there. Let's put it to the vote.

It is, of course, always possible to redefine "agriculture" to encourage more commercial building in ag zones. The conversion of mere wineries into event enters has been a successful objective of many in the wine industry - codified with increasing force in 1990, 2008, 2010 and 2018 - and it is always possible the hypocritical event center prediction in the opposition statement may be fulfilled by the industry itself - a danger whether the vines are allowed or not. Napa's peculiar definition of "agriculture" should also be put to the vote.

The conversion of the natural watersheds into agriculture is just the initial step in an urbanization process. Vineyard creation is the main impetus for continuing real estate development there. Contrary to the prevention of new construction in the watersheds, the opponents of Measure C really seek to insure that woodland properties can continue to be sold off to buyers wishing to tap into Napa's vineyard-themed good life. Vineyard development, they know, is the essential precursor for more event centers and luxury homes to be built. One of the signatories to the opposition statement highlighted this reality himself in a 2013 editorial.

While the main reason to vote Yes on Measure C is to protect the water resources that our county's existing farmers and residents will need in the future in an age of global warming, restricting building projects that further urbanize our hillsides and add to our traffic woes will be a very predictable additional benefit. Don't be fooled by ballot arguments.