Davis voters rejected DISC in 2020. We didn’t want environmental and quality of life costs for all in exchange for economic gain for few. So the developers hired a PR firm to reframe the issue as Measure H, or to lie so blatantly as to make Loki swoon.

They say paving 102 acres will “preserve agricultural land,” that DISCs 12,000 more cars daily will “make driving easier” and “speed up commutes” (quotes direct from Yes on H). They think a population that is in favor of downtown, open space, clean air and minimal traffic will vote for a project that is the antithesis of these because they put a bicycle on their lawn signs.

They hope Davisites are too stupid to see through greenwashing newspeak and they need the councilpeople they own to maintain a pretense of environmentalism while vigorously campaigning for a freeway sprawl development that’s as carbon neutral as Charles Koch’s vacations. In future I suggest the developers save the corporate PR money and I can suggest equally believable slogans like “Trees Favor Axes,” “Snails For Salt” and “Turkeys Love Thanksgiving.”

Dan Urazandi
Davis

By Matt Williams

Over the last few weeks there has been a lot of discussion about Dan Carson's lawsuit over ballot statements that were alleged to be “objectively and verifiably false and/or misleading.”  Honorary Campaign Chair Carson and the Yes on Measure H campaign team have had their day in court (pun intended), but it turns out that the language in the Ballot Arguments is just the tip of the “objectively and verifiably false and/or misleading” iceberg in the ongoing consideration by the voters of the DiSC 2022 proposal.

So, grab your Titanic deck chairs, and we will navigate some icy waters as the communications from the Yes On Measure H campaign team take you over, around and through their own “false and misleading” assertions about the benefit DJUSD will get from the DiSC project.

Our narrative starts in early March when Amy Haug, whose name is prominently featured on their website as a member of the Yes on H campaign team, contacted the leaders of the various PTA/PTO organizations conveying the following message:

I am not trying to bring this to you in a partisan way, just to bring information.  I have already talked to the DHS PTA in the announcements part of their meeting and am scheduled to talk to Emerson, DaVinci and Harper this month.  There is some really important things that parents should be aware of on the upcoming ballot measure.  Here are just some of the benefits of the DISC for parents specifically:

• The developer has been negotiating with the school district and have agreed to a one-time donation of $2.3 million and a yearly donation of $700,000 every single year thereafter directly to the DJUSD.

To the credit of the leaders of the various DJUSD PTA/PTO organizations, they did some research on Measure H and determined that it does not have direct relevance to the mission and purpose of their respective PTA/PTO.  As a result, they unscheduled the pending Yes On H presentations.

Before jumping forward from early March to early April, I ask you to take note of the words “negotiating” and “donation” in that Yes On Measure H message.  Both the referenced $2.3 million and $700,000 are legally mandated fees/taxes/levies that all homeowners within the DJUSD boundaries pay each year in their Yolo County Tax Bill.  I can not remember when any of those fees/taxes/levies were negotiable for any taxpayer … or could even vaguely be considered to be a “donation” to DJUSD.  In fact, whether it was intentional or not, the use of the terms “negotiating” and “donation” is both false and misleading.

By Matt Williams

The City and the Yes on Measure H campaign literature for the DiSC project emphasize that one of the important benefits to the City of Davis General Fund is a claimed “$3.9 million net revenue gain for the City of Davis annually to address the city’s $7 million funding gap and maintain our quality of life without a tax increase.”

Where does that $3.9 million projection come from?

The source is the December 2021 financial analysis prepared by the City’s financial consultant (EPS) and presented to the Finance and Budget Commission (FBC) in December 2021.  In that analysis, Tables B-1 and A-2 provide the specific relevant net revenue data, and both those tables are copied on the other side of this handout. 

At what point in time does the $3.9 million net revenue gain actually happen?

As Table B-1 clearly shows, the $3.9 million Annual General Fund Surplus only happens when DiSC is fully built out (at the end of Phase 2B). 

When does full buildout actually happen?

According to Table A-2 from the same EPS financial analysis, the end of Phase 2B isn’t projected until the end of the 12^th year of the project (at the end of 2034). 

What is the net revenue gain in the years prior to full buildout?

Table B-1 shows that the net revenue gain is only $333,000 in Phase 1A, and $1,351,000 in Phase 1B.  Both those numbers are small fractions of $3.9 million.  Only when the project reaches the end of Phase 2A ... projected by EPS to be at the end of the 9th year of the project (the end of 2031) ... does the projected net revenue gain get to 90% of the $3.9 million, with the final 10% not coming until three years later.

How solid is the 12-year projection for achieving Full Buildout? 

Given the fact that the DiSC development team has publicly stated that they will not be doing any marketing until after they achieve a positive result at the ballot box from Davis voters on Election Day, that 12-year projection is highly speculative.  Under those conditions, full buildout could just as easily take 25 years, or not happen at all.  If full buildout never happens, then the $3.9 million net revenue gain never happens.

Earth Day at The Wardrobe

By Colin Walsh

A large crowd gathered on D street as the lilting flutes of Paddy on the Binge and the melodic voice of Skyler Blakeslee floated over Downtown Davis. Earth Day in downtown Davis drew a respectable crowd of earth stewards, well-wishers and fashionistas.  A blend that makes absolute sense when you come to know the values and practices of The Wardrobe and its proprietor Heather Caswell.

“Slow Fashion” that ranges from elegant to beautiful and is sensibly sourced with much of the to die for clothing coming from local artisans and companies with sustainable practices.

The gathering was punctuated with thoughtful speakers from the local community including, Larry Gunther, Nancy Price, Delaine Eastin, Juliette Beck, Jonathan Greenberg and Eliot Larson. All speakers were excellent, but keynote speaker Elliot Larson stole the show.

By Larry Guenther

The Old East Davis Neighborhood Association (OEDNA) requested that the Trackside Appellate court decision be reviewed by the California State Supreme Court. Some were critical of our decision due to the long odds. We were quite aware of the odds, and thus the decision not to review the decision comes as no surprise. We believed, however, that enforceability of City planning documents was a battle worth fighting.

This was a fight for public awareness and enforceability of city planning documents - Statewide. For people to believe in the law, it must be enforceable. With the publication of the Trackside decision, the current City Council can interpret planning documents, approved by previous City Councils, to mean whatever they want them to mean – with no repercussions.

We make plans to create certainty. OEDNA participated robustly in creating the Davis Downtown and Traditional Neighborhood Guidelines to gain certainty for developers and for residents. This decision negates that certainty. So what, then, is the purpose of moving forward with any city planning documents? The Downtown Plan, the General Plan, the Climate Action and Adaptation Plan, or any other plan? The details of those plans – those things we fight for and that we believe have teeth – have no teeth.

Who loses out? The residents of our City, and of every City in California. Because with this decision, all California city planning documents have become uncertain.

Larry Guenther is President of the Board of the Old East Davis Neighborhood Association.

(From press release) Yesterday afternoon, Davis City Councilmember Dan Carson's attorneys filed a brief in Yolo County Superior Court on his behalf, seeking $76,358 from the six named Davis citizens in his failed lawsuit. Councilmember Carson's lawsuit attempted to delete more than 25% of the ballot Argument against Measure H. That would amount to more than $12,700 for each individual named in the lawsuit: Mike Corbett, Stephen Wheeler, Darell Dickey, Juliette Beck, Roberta Millstein, and Alan Pryor, the authors and signers of the ballot argument.

"The individuals who Carson has targeted are not wealthy industrial park developers like Dan Ramos who has paid for Councilmember Carson’s attorneys thus far. “They  are community members, and community members who have integrity and are well respected," stated Pam Gunnell.  Gunnell further stated that “Understanding who these community members are is critical to understanding No On H. Michael Corbett was the developer behind Village Homes who most recently has built a small affordable housing project in South Davis. Dr. Stephen Wheeler is a professor of urban planning and design in the department of human ecology at UC Davis, and author of “Planning for Sustainability, Reimagining Sustainable Cities” and “The Sustainable Urban Development Reader.” Darell Dickey is a former Bicycle Advisory Commissioner, long-time member of the Davis Bike Club, and proponent of safe bicycling in Davis. Juliette Beck is a long -time climate change activist, mother and candidate for Yolo County Supervisor. Dr. Roberta Millstein is Professor Emeritus in the UC Davis Philosophy Department, specializing in environmental ethics and philosophy of biology; she is a former Chair of the Open Space and Habitat Commission. Alan Pryor is retired and serves as the Chair of the Sierra Club Yolano Group and is a former 12-year member of the City of Davis Natural Resources Commission. “

Councilmember Carson and Dan Ramos have both acknowledged previously that Ramos, the developer behind the DiSC project on the June ballot as Measure H, is bankrolling Carson’s attorney's fees. If Carson prevails in his request for award of attorney fees, these individuals would be legally compelled to pay Yes on H's fees. Presumably Developer Ramos would then be reimbursed for his attorney costs to sue the authors and signers of the No on H argument.

(From press release) In a Yolo County Superior Court filing on April 22, the No on Measure H campaign rejected Councilmember Dan Carson’s latest court filing arguing that six Davis residents should not have their legal bills paid as a result of his spurious lawsuit.  The legal bills in question are those incurred by the No on Measure H campaign defending against Carson's lawsuit that attacked the No on H ballot statement. The No on H campaign believes that the lawsuit was a blatant attempt to squelch their free speech rights.

Further, Carson’s latest filing states that Carson himself intends to file to collect attorney fees from the 6 individual Davis citizens he named in his lawsuit! However, while Carson's wants the six Davis residents he sued to be financially responsible for all of Carson's attorney fees, it turns out that all of Carson’s legal costs are actually being bankrolled by the DiSC developer.

In a reply brief filed in Yolo County Superior Court, the No on H campaign called Carson’s actions “a tried and true political tactic to deplete the opposition’s financial resources through whatever means possible, because in politics, money itself is speech.”

“Petitioner Dan Carson, a City Councilmember and representative of the developer-backed Yes on H Committee, initiated litigation that would have prevented Real Parties in Interest Alan Pryor, Michael Corbett, Stephen Wheeler, Darell Dickey, Juliette Beck, and Roberta Millstein (“Real Parties”) from expressing relevant opinions about the Davis Innovation and Sustainability Campus 2022 (DiSC 2022),” the brief says.

“Real Parties were forced to obtain counsel to defend their speech rights, depleting campaign resources. Even worse, Petitioner has now threatened to file a fee motion against these six private citizens for payment of Petitioner’s attorney’s fees, even though he did not achieve the results he sought in his Petition for Writ of Mandate,” the brief continues.

“The case is a triple punch designed to stifle comment, reduce campaign activity, and financially punish citizens who simply engaged in protected political speech in the ballot pamphlet. Unlike Petitioner, who made the choice to come to court, these six Real Parties were dragged unwillingly into this forum by the filing of this lawsuit. These individuals should be made whole, and the attorneys who took this case on a partially contingent basis should be fully compensated for successfully defending Real Parties’ right to present their ballot argument as they intended,” the brief concludes.

Amanda Long and her daughter (Courtesy photo)

(From press release) Soroptimist International of Davis awarded a record $20,000 in funds in 2022 through its signature Live Your Dream: Education and Training Awards for Women.

Women are encouraged each year to apply for the awards if they are the primary wage earners for their families, and need financial assistance to further their education or training. Recipients have often faced hardships or challenging circumstances.

This year, SI Davis gave a boost to six women, with cash awards ranging from $1,000 to $5,000. These unrestricted grants may be used to offset costs that a scholarship wouldn’t, such as child care, transportation or other financial obligations that hinder a woman’s ability to reach her goals. Soroptimist International of Davis members remain in contact with the recipients, offering them mentorship and support.

The top 2022 recipient is Amanda Long, a UC Davis microbiology student who commutes from Citrus Heights so her 9-year-old daughter’s school and day care won’t be disrupted.

Long is a first-generation college student but hopes not to be the last. As she nears graduation, the single mom told Soroptimist members that she’s “becoming someone who my younger self would never had thought possible. … I can see the effects that my education has on my young daughter.”

Long is looking for work as a clinical lab scientist, and plans to eventually apply to graduate school. She’s been studying antibiotic-resistant bacteria, and hopes to continue in that area. The award is being used to pay for transportation costs.

As this decade begins, we walk briskly towards utter climate catastrophe. Before 2030 our planet will warm beyond 1.5 degrees and the worst of climate change will no longer be avoidable. Those aged 29 and younger, down to the child born as I write, will suffer the first cataclysmic effects of this disaster. But those over thirty will experience less and leave behind a world plummeting ever faster towards a fate that they hadn't the courage to change.

But all is not yet lost. A new people are rising. Youth in communities across the Earth are standing up for a livable future · not a beautiful one, that has been taken from us. We ask only for a chance at life.

Too often we are told by adults our ideas are impossible. Yet those very adults in power have kept us on the road to disaster. Obviously, what is politically "possible" isn't enough.

But a broken system gives the youth little power of our own. Carrying signs, chanting, protesting, praying are acts of strength but they alone cannot save the world. We need our elders to begin listening and using their power to implement our ideas and solutions. Have they forgotten this was always their job? To follow the will of the people? We must elect adults who fulfill their promises.

Juliette Beck, running for Yolo County Supervisor D2, is a voice of hope in a time of fear. She is dedicated to climate justice and pledges to make the imperative changes now, and to give youth a place in decision making. I'm confident Juliette will be true to her word. She is heartfelt, loving and inclusive. Juliette Beck will invite in every perspective to ensure that decisions which affect us all are made by everyone. She is firm in the belief that this is not a campaign of one, but of all.

I give my strong support to this candidate and strongly urge others to do the same. The time for idle politics is over, the time for immediate action is upon us.

Emma Larson
Davis

(From press release) Clothing tells us the truth about age. In a world where fast fashion is becoming increasingly wasteful and creating a larger carbon footprint, The Wardrobe has been and continues to be focused on promoting slow fashion that is sustainable and long-lasting.

Owner Heather Caswell has generally carried very small clothing lines in her store, focusing on unique clothing that is often made by local designers. Caswell promotes California Chic fashions which are colorful, comfortable, well made, playful but, more importantly, ethically sourced.

She believes that the boutique is both a reflection of her own attitude and of the Davis community where it has been located and reinvented over the past 34 years.

The Wardrobe is now in its 3rd location and has been a regional leader in carrying locally sourced goods. Eighty percent of their inventory is made in North America and a quarter of it is made right here in California. Each year Caswell makes a choice to have a more environmentally conscious business model and reduce the store's carbon footprint.

Some of the practices they follow include using recycled bags and boxes (since day one), switching to LED lights, maintaining HEPA filters, and using natural non-toxic cleaning methods that are proven to make a difference. Every year they try to take another ecologically responsive step forward: last year they stopped using foil printed labels and logos.

(From press release) A goal of Yolo County Farm Bureau (“YCFB”) is to preserve and protect prime farmland that is fundamental to the ability of Yolo County farmers and ranchers to provide a safe, reliable supply of food and fiber.

Pursuant to that objective we have evaluated the DiSC 2022 102- acre development, proposed on the east side of Mace Blvd, north of Interstate 80. This proposed project is pending decision by the City of Davis electorate at the June 7 election.

This development would convert prime farmland into business and residential uses. YCFB has carefully considered the City of Davis project file, including submittals and the letter filed by Yolo County (12/6/21). YCFB board members have driven to the project area, looked at the project perimeters and current uses of adjacent lands.

We comment at the outset that County correspondence emphasizes that the DiSC 2022 developers here have sought to annex and develop farmland that is completely outside the City of Davis “Sphere of Influence.” This area has not been included in a relevant LAFCo area suitability review. Thus, necessary studies have not taken place: the bottom line is that appropriateness of this use on this property has not been independently, publicly evaluated. This project does not deserve public support because it is an “opportunistic” conversion of farmland. It is not a carefully planned transition that we define as: Urban growth is considered but impacts on the agricultural lands and economy are included from the inception of the process, and are part of the equation.

For our purposes, we are looking at the direct loss of 102 acres of very prime land and the impacts of the urban use on adjacent farming. This acreage is an important part of the necessary farming base that supports our equally critical agricultural infrastructure—the vendors and manufacturers of supplies, inventories and equipment. The more farmland that is lost—Yolo County is less able to keep its farmers and ranchers operating.

Many interested in farmland preservation focus on “Mitigation” and what ratio—ag land turned into urban uses—to land that must be “preserved” for agriculture is appropriate. The various concerned and interested groups speak in terms of 3-1 or 2-1. We point out that every acre of prime farmland lost to urbanization is permanently lost. There is a loss of farmland no matter what ratio is used. Thus, we oppose this project because 102 prime acres are permanently lost.

For Immediate Release  - April 19, 2022

From No on Davis Innovation and Sustainability Campus – No on Measure H

Re: Carson lawyers file motion seeking to deny legal fees to opponents of the Davis Innovation and Sustainability Campus (DiSC) after his lawsuit failed to substantively change the No on Measure H ballot statement

_____________

Councilmember Dan Carson revealed this week that he intends to go after Davis residents in court again.

In court documents filed late Monday, Carson said he wants the six residents who signed the ballot statement against Measure H to pay his attorney's fees even though his lawsuit seeking to water down their No on H ballot argument was largely unsuccessful.  Carson is demanding fees despite the fact that Dan Ramos, the developer behind the Measure H DiSC project, has already admitted publicly that he footed the bill for Carson's lawsuit.

The Attorney for the No on Measure H campaign Beverly Grossman Palmer stated, “As I previously indicated, it is very unusual for a sitting councilmember to sue over a ballot argument.  To seek fees against his own constituents for defending their right to present their views to the voters would be even more shocking, should Councilmember Carson file this threatened motion for attorney's fees.”

 Roberta Millstein, one of the authors of the ballot statement challenged in Carson’s lawsuit stated, “Carson’s developer backed lawsuit will have the effect of stifling Davis’s long tradition of engaged citizen participation. Who will want to sign a ballot statement in the future if a developer can fund a punitive lawsuit against them? Carson's lawsuit sets a terrible precedent.”

Alan Pryor, Principal Officer of the No on H campaign and one of the authors of the ballot statement stated, “Fortunately, Carson’s opposition brief is unlikely to be successful because it is clearly in the public interest for Davis voters to be able to write truthful ballot statements advocating against developments.” A judge is scheduled to hear the arguments from both sides on April 29^th at Yolo County Superior Court.

The DiSC project is an outdated freeway offramp project that will put 12,000 additional cars on Mace Blvd. every day and increase greenhouse gas emissions by the City of Davis by 5%. The citizens of Davis already voted down the first iteration of this project less than 2 years ago.

Carson sought to have more than 80 words of the 300-word ballot statement against Measure H stricken. On March 30, 2022 Yolo County Superior Court Judge McGuire overwhelmingly ruled against Carson, making only 2 small changes suggested by the No on H campaign itself. One change simply modified the type of unit used to express the amount of greenhouse gases that would be produced by the project – similar to expressing a value in dollars rather than cents. The other change involved the following paragraph, which Carson had asked to be deleted:

“The Developer has made almost no binding commitments and has no viable ways to improve this traffic mess. Their only promise is to develop a Traffic Demand Management Plan if the project is approved. But figuring this traffic mess out later is not a plan!”

 The judge let the first and third sentences of that paragraph stand as they were; the second sentence changed the word only and it now reads, "They promise to develop a Traffic Demand Management Plan if the project is approved" – at best a slight change in meaning from the original.

 In dismissing Carson’s claims the judge also found the following arguments against DiSC were neither false or misleading:

“Rejected only 19 months ago by voters, DiSC is back. But it is still an autocentric, freeway-oriented, downtown-threatening project. It still has overwhelming traffic and environmental problems, and it is still non-compliant with the City of Davis General Plan.”

 Indeed, during the hearing, Carson's lawyer admitted that DiSC 2022 would not be compliant with the City of Davis's General Plan as it exists today.

The judge also let the heading, "Unmitigated Greenhouse Gas Emissions" stand, as well as the statements, “Locally we are reeling from the debilitating impacts of drought and terrifying wildfires caused by dramatically increasing carbon emissions” and “DiSC alone will increase the City’s carbon footprint by almost 5%, completely derailing the City’s ability to meet its carbon-neutral goal by 2040.”

The No on H Campaign believes Councilmember Dan Carson has grossly overstepped his role and blurred the lines between his elected office and his personal advocacy for a development project.

By Marc Thomas

The work from home trend in the business world has been slowly emerging and accelerated by COVID. Recently, Apple and other product companies are instituting a 3 day per week to Twitter which is now near 100% remote. And many are relocating to lower cost areas and reducing their real estate foot prints/costs.

Other companies have gone totally remote, and many hardware/tech startups, such as the hardware/software startup I currently work with “started up” with a full remote team and does not have an office. The closest two team members are about 50 miles apart, the furthest two are probably 10,000 miles. It required a new way of organizing a team, collaborating, building and testing prototypes, getting approvals and overall, resulted in a considerable reduction in operating expenses, no bay area salaries, and zero expensive office costs…zero!. It was such a significant opex reduction that in addition to team members spending more time with families, the company was able to offer really good benefits appreciated by all.

Startup businesses do not need expensive real estate for start-up, scaling, or going into mass production. One Mountain View startup in autonomous robotics took the steps to migrate from a Silicone Valley “old” model to a more agile and lower cost distributed organizational structure starting in SV, moving a short distance to Oakland, then fully embracing a remote model with team members all over the world and a manufacturing facility in Detroit! These changes enabled a more company friendly funding model as they were able to conserve cash by spending on what mattered, people and product, rather than on expensive facilities in expensive areas paying typical salaries demanded by Bay Area and CA professionals.

The DiSC “business/innovation park” does not recognize this rapidly changing business trend, fails to recognize that there are lower cost (and local) areas to scale if the company must be local, and the housing portion will not solve the “affordable housing” challenge (remember the bay area residents with cash and the ability to work remotely), and does not address the environmental infrastructure and tax implications in depth and detail never-mind turning good/great agriculture land into concrete.

At the current rate of change in the “work from home” trend, building an innovation/business part today will result in the empty and dead business parks of the future: Consider what Amazon did to “malls”...

Any startup founder/team must have a very good story to tell an investor why they are spending the equivalent of multiple team members salaries and cash for a building space/office that is unnecessary, or used for a small percentage of the time at best, and increases burn rate without accelerating time to market or improving product.

The desire (and need) to incubate companies locally is supportable, but incubating companies does not require the DiSC project as there is plenty of space in Davis to build out and or up.

And I know another Davis company that has been here for 7+years, with 50+% of employees currently being remote, and going full remote by years end.

(From press release) The League of Women Voters Davis Area and the Woodland League of Women Voters will co-sponsor a nonpartisan election forum on the county district attorney race on Wednesday, April 27.

The event will run from 7-8:30 p.m. at the Woodland Community Center, 2001 East Street in Woodland.

Both candidates — Incumbent Jeff Reisig and challenger Cynthia Rodriguez — have agreed to participate. The forum will focus on candidate qualifications and vision for the criminal justice system in Yolo County over the next four years.

Questions will be prepared by League representatives and written questions will be accepted from the audience, but no voice questions or statements will be allowed.

People who want to attend the event are encouraged to register at: https://www.eventbrite.com/e/league-of-women-voters-yolo-county-district-attorney-candidate-forum-tickets-317119110797. Seating may be limited because of placement due to the pandemic. Woodland TV (Channel 21) will be videotaping the event and livestreaming on their YouTube channel.

Juliette Beck

As this decade begins, we walk briskly towards utter climate catastrophe. Before 2030 our planet will warm beyond 1.5 degrees and the worst of climate change will no longer be avoidable. Those twenty-nine years and younger, down to the child born as I write, will suffer the first cataclysmic effects of this disaster. But those over thirty will experience less and leave behind a world plummeting ever faster towards a fate that they hadn't the courage to change.

But all is not yet lost. A new people are rising. Youth in communities across the Earth are standing up for a livable future…not a beautiful one, that has been taken from us. We ask only for a chance at life.

Too often we are told by adults our ideas are impossible. Yet those very adults in power have kept us on the road to disaster. Obviously, what is politically 'possible' isn't enough.

But a broken system gives the youth little power of our own. Carrying signs, chanting, protesting, praying are acts of strength but they alone cannot save the world. We need our elders to begin listening and using their power to implement our ideas and solutions. Have they forgotten this was always their job? To follow the will of the people? We must elect adults who fulfill their promises.

Juliette Beck, running for Yolo County Supervisor D2, is a voice of hope in a time of fear. She is dedicated to climate justice and pledges to make the imperative changes now, and to give youth a place in decision making. I'm confident Juliette will be true to her word. She is heartfelt, loving and inclusive. Juliette Beck will invite in every perspective to ensure that decisions which affect us all are made by everyone. She is firm in the belief that this is not a campaign of one, but of all.

I give my strong support to this candidate and strongly urge others to do the same. The time for idle politics is over, the time for immediate action is upon us.

Emma Larson
Davis, CA

(From press release) Today in Yolo Superior Court, the attorneys for the citizens who wrote and signed the No on Measure H ballot statement, filed a motion for an award of legal fees and costs they incurred in their defense of a lawsuit filed by Davis City Councilmember Dan Carson. Carson had previously sued the ballot signers claiming their ballot statement was false or misleading.  

The citizen Defendants (the “real parties”) named in the Carson lawsuit retained legal representation on a partially contingent basis which permitted the attorneys to seek an award of their legal fees if they were successful in defending the ballot language against Carson’s claims.  

The Defendants’ filing states “The Court outright rejected three of Petitioner’s challenges and adopted Real Parties’ suggestions for the two modest edits it ordered.” 

Alan Pryor, the Treasurer of the No on DiSC campaign and one of the Defendants stated “Carson’s lawsuit requested whole sentences in the ballot statement be stricken by the Judge. In his final ruling, however, made only two small changes that were suggested by authors of the statement.” 

“In my experience, it is highly unusual for a sitting public official to sue their own citizens over ballot arguments,” said Beverly Grossman Palmer, an experienced election attorney and partner at Strumwasser & Woocher. “None of the attorneys in my firm can recall a similar situation in any of our collective years of practicing election law.”

By Roberta Millstein

Two weeks ago, I was stunned to learn from a Davis Enterprise article that I and other signers of the Argument Against Measure H (Argument Against DiSC) were being sued by none other than Councilmember Dan Carson, who is serving as the “Honorary” Chair of the developer-funded Yes on DiSC campaign. Measure H is on the June 7 ballot; DiSC is a proposed development project on 100 acres of mostly prime farmland outside the City limits, adjacent to I-80 and Mace Blvd.

Apparently, the suit had been filed on the last possible day. I waited to be served papers, but none ever arrived. I did receive a phone call, later learning that Councilmember Carson had obtained my phone number from a Commission Chair. I was extremely surprised to learn that he would do something like that, especially since he apparently did not let on what he wanted my phone number for. It is still unclear whether Councilmember Carson funded this lawsuit himself or if someone else funded it; he has refused to answer several people who have asked him.

With a tight deadline for the ballot to be printed by the County, citizens opposed to DiSC suddenly found themselves having to find a lawyer within a matter of days (like, two days) and the prospect of spending tens of thousands of dollars to retain one — well in excess of the budget for the entire grassroots campaign.

And what was the suit about?  Well, perhaps Councilmember Carson thought that he could pull the wool over a judge's eyes, but the judge found no problems with our contention that DiSC is in violation of the City's General Plan or our contention that there would be unmitigated greenhouse gases from the project or that there were almost no commitments.