Date: Mon, 15 Jun 1998 15:28:59 -0700 (PDT) From: AlertsSubject: Black Point Forest Update-- 16
ACLU blasts Novato ordinances affecting Black Point Forest election
"Serious constitutional problems" with the City of Novato's
solicitation ordinance and permit procedures hampered Forests Forever's
ability to organize voters in the recent Black Point Forest election,
according to the American Civil Liberties Union (ACLU).
In a strongly worded May 1 letter to City of Novato Attorney
Jeffrey Walter, the ACLU of Northern California said the City should
rewrite its solicitation ordinances to conform to constitutional standards
for free speech. And city officials should refund permit fees paid by
Forests Forever.
"Clearly, in its dealings with Forests Forever, the City has not
acted in a manner consistent with the preferred position that free speech
activities enjoy in our constitutional democracy," wrote Alan L. Schlosser,
managing attorney with the ACLU chapter.
"It is inexcusable that Forests Forever was denied a... permit for
over six months when it is clear that none of Novato's solicitation
ordinances are applicable to them," Schlosser added. "This seems
particularly suspect when we are told that the group supporting the
proposed development at Black Point Forest- a group who shares the City's
official position on the issue- did obtain the necessary permits before
Election Day.
"This scenario sets off constitutional alarm bells," Schlosser
wrote. "An ordinance which provides no clear standards (for permit
administrators) is constitutionally flawed because it may have a chilling
effect on protected speech... and it has the potential for being a
mechanism to suppress a particular viewpoint."
At press time Forests Forever still had not received permits to
conduct its ongoing canvassing campaign. Forests Forever had applied in
November, 1997, for a permit to canvass Novato residents on the proposed
luxury housing and golf course development threatening the Black Point
Forest. Located about three miles east of downtown Novato, Black Point
Forest is an ecologically valuable and rare oak woodland and seasonal
wetland area.
A special election to decide the fate of Black Point Forest, site
of the annual Renaissance Pleasure Faire, was held Feb. 24. The developer,
Black Point Partnership, had mounted a four-year advertising campaign to
whitewash the forest-destroying impacts of the proposed project. A
citizens referendum and a developer-sponsored initiative concerning the
project both appeared on the ballot. Environmental groups including
Forests Forever advocated a "No" vote on both measures. Such a vote would
have halted the development.
The procedure to acquire a permit to canvass in Novato proved
unusually difficult however. City officials demanded fingerprints,
photographs, felony background checks and a $105 fee for each and every
Forests Forever canvasser.
"We are especially concerned with this matter because the... delay
prevented Forests Forever from participating fully in the February ballot
initiative," Schlosser wrote. "The organization made a good faith attempt
to comply with all the requirements outlined by the Novato Police
Department and yet they were still unable to solicit donations to fund
their political activities in time for the election."
In lieu of canvassing, 33 concerned Forests Forever staff members,
along with friends and family, on Feb. 8 volunteered their time to campaign
door-to-door in Novato. Public response was very positive: Each volunteer
spoke with 20 to 30 residents of Novato and reported that pro-development
sentiments were expressed by only three or four of those with whom they
spoke. The volunteers' goal was to identify pro-Forest votes, recruit
volunteers for the "No on A & B" campaign, and encourage high voter turnout
on Election Day.
Although the volunteer session was a success, Forests Forever could
have accomplished a great deal more, given canvassing permits prior to the
election.
"We have a large, effective field canvass program," said Pete
Harrison, Forests Forever's Field Canvass Director. "Had we been given the
opportunity, there is no doubt in my mind that we would have had a
noticeable impact on the election."
The anti-Forest campaign won the election on a 61 to 39 percent
vote for both measures. The majority of citizens who turned out at the
polls voted "No," the environmental position, but most absentee voters said
"Yes." Many volunteer organizers said confused voters reported they had
cast a "Yes" vote, believing they were saving Black Point. Indeed,
developer road signs, posted prior to the election, misleadingly urged a
"Yes" vote to "preserve" the Forest.
The Black Point Forest Rescue Project recently filed suit against
the City and the developer on grounds that the approved Environmental
Impact Report is inadequate. A hearing date is set for June 26. For more
information on how to get involved in efforts to save Black Point, contact
the Black Point Forest Rescue Project via voicemail (checked weekly) at
415/ 721-1936.
____________________________________________________________________
SENT BY: FORESTS FOREVER
54 Mint St., Ste. 500
San Francisco, CA 94103
FAX: (415)974-3664
WEB: http://www.forestsforever.org
For replies, please respond to: alerts@forestsforever.org
Please feel free to forward this message at will.
"RESTORE, REINHABIT, RE-ENCHANT"
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