The San Francisco Court of Appeal upheld a victory for the Bay Area Toll Authority (the Metropolitan Transportation Commission “wearing another hat”) today in Howard Jarvis Taxpayers Association v. Bay Area Toll Authority (HJTA v. BATA). The case is a challenge to 2018’s Regional Measure 3, authorizing a $3 hike in tolls on Bay Area bridges (other than the Golden Gate) to fund 35 alternative transportation programs. The Howard Jarvis Taxpayers Association and individuals…

Cities around America are looking at yawning budget deficits due to the sudden economic slowdown arising from the COVID-19 pandemic. Today, Politico, a news source covering the federal government, has this piece suggesting many California cities are looking to tax cannabis commerce to close the gap. The deadline to place measures on the November 3, 2020 ballot is August 7th, though elections officials will surely appreciate more notice. A useful model ordinance to tax…

Last week, The Los Angeles City Council unanimously approved moving forward with study of a “vacancy tax” it might add to the November 2020 ballot. The Los Angeles vacancy tax would likely be modeled after Oakland’s Measure W — which voters approved in 2018 by a 70%–30% margin, meeting Proposition 218’s two-thirds threshold for special taxes — and would levy an annual tax of at least $5,000 per vacant residential unit or parcel. A report…

If you’ve tuned in to any local or national news this week, you know that police reform remains a hot topic. We remain committed to updating you on the latest case reports, court updates, and recent legislation. Check back soon, because this story keeps evolving! We reported a few weeks ago that the U.S. Supreme Court was considering a number of cases for certiorari review involving qualified immunity. Despite recent tumult across the nation over…

The City Council in Fort Bragg, in Mendocino County, will soon consider whether to propose a November ballot measure to change its name. The city’s name honors Braxton Bragg, who became a Confederate Army general after lending his name to a military base that would become the City of Fort Bragg. Bragg’s connection to California stems from his service during the Mexican-American War, where he served with future U.S. President Zachary Taylor.…

The “validation statutes,” Code of Civil Procedure sections 860 to 870.5, are a powerful tool public agencies (and the plaintiffs that sue them) might overlook when defending challenges to legislative acts. They provide a short statute of limitations — 60 days — and allow agencies to sue for a court ruling validating an action, to which any and all challengers must answer or be forever barred from challenging it. (Code Civ. Proc., § 870, …

Today, the U.S. Supreme Court decided three cases brought by employees terminated for being gay or transgender. (Bostock v. Clayton County, Georgia.) These cases were brought as sex discrimination claims under Title VII of the Civil Rights Act of 1964. The Court held that: “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.…