List of ballot measure lawsuits in 2013

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By state

Ballot Measure Law
NOTE: The following tab shows a list of lawsuits, by state, that were filed against statewide ballot measures aiming for the 2013 ballot. Click the "show" link to read about specifics of a particular lawsuit.

Colorado

Colorado Tax Increase for Education, Amendment 66 (2013)




New York

New York Casino Gambling Amendment, Proposal 1 (2013)



Washington

Washington Mandatory Labeling of Genetically Engineered Food Measure, Initiative 522 (2013)


By topic

NOTE: Each lawsuit against proposed 2013 ballot measures includes a basis, or reason, as to why plaintiffs filed the lawsuit. For example, a reason for a filed lawsuit, or "topic," could include arguments that a measure's ballot text is insufficient.

Ballot text

New York

New York Casino Gambling Amendment, Proposal 1 (2013)


Campaign contributions

Washington

Washington Mandatory Labeling of Genetically Engineered Food Measure, Initiative 522 (2013)


Labor Practices

Colorado

Colorado Tax Increase for Education, Amendment 66 (2013)


Motivation of sponsors

New York

New York Casino Gambling Amendment, Proposal 1 (2013)


Signature challenges

Colorado

Colorado Tax Increase for Education, Amendment 66 (2013)


Other

Colorado

Colorado Tax Increase for Education, Amendment 66 (2013)


Past measures

NOTE: The following tab shows a list of lawsuits, by state, that were filed in 2013 against past ballot measures.

California

Measure B (condoms)

Kayden Kross, a co-plaintiff in the federal lawsuit to overturn Measure B

A federal lawsuit was filed with the United States District Court for the Central District of California on January 11, 2013 that seeks to have the federal court overturn Measure B, the Los Angeles Porn Actors Required to Wear Condoms Act. The lawsuit was filed by porn production company Vivid Entertainment. Porn stars Kayden Kross and Logan Pierce joined the lawsuit as plaintiffs.[26]

Paul Cambria is the lead attorney for the plaintiffs. He said, "You don’t have to win an Oscar to be protected by the First Amendment."

The lawsuit says that Measure B should be overturned for several reasons. Those reasons include:

  • It violates the First Amendment by imposing an unconstitutional prior restraint on freedom of expression.
  • It attempts to regulate an area (public health) which should exclusively be regulated by state law.

The AIDS Healthcare Foundation, which sponsored Measure B, expressed confidence that the lawsuit would fail. Tom Myers, an attorney for the group, said, "Despite what the adult industry’s lawyers are claiming in this lawsuit, Measure B is not directed at speech and as such their First Amendment claims will likely ring hollow with the court."[26]

Measure L (parcel tax)

A lawsuit was filed against Measure L, the San Leandro Unified School District parcel tax enacted in November 2012 in January 2013 on grounds similar to those in Borikas v. Alameda Unified School District.[53]

Lawsuits were also filed in January 2013 against:

All the lawsuits were filed by David Brillant, the Walnut Creek attorney who successfully argued Borikas.[54]

Local

NOTE: This tab includes lawsuits filed against proposed 2013 local ballot measures. Ballotpedia tracks local ballot measures, and includes local lawsuits that are found across news reports. To inform Ballotpedia of a local lawsuit near you, contact editor@ballotpedia.org.
No ballot measure lawsuits have been filed in 2013. Any information on ballot measure lawsuits can be sent to Al Ortiz, Assistant Project Director of Ballot Measures.

Footnotes

  1. Huffington Post (blog), "Colorado Education Underfunded By 'Unconscionable' Billions, Judge Rules," December 12, 2011
  2. The Denver Post, "Amendment 66 backers fail to make case for higher taxes," September 20, 2013
  3. Huffington Post (blog), "Lobato Case Decision: Colorado Supreme Court Finds Education Funding System Constitutional," May 29, 2013
  4. 4.0 4.1 Cite error: Invalid <ref> tag; no text was provided for refs named Court
  5. 5.0 5.1 5.2 5.3 5.4 5.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  6. 6.0 6.1 6.2 6.3 6.4 6.5 Cite error: Invalid <ref> tag; no text was provided for refs named SignatureLawsuit
  7. 7.0 7.1 7.2 7.3 7.4 7.5 Cite error: Invalid <ref> tag; no text was provided for refs named Ruling
  8. 8.0 8.1 the Denver Post, "Carroll: The threat hanging over Colorado's Amendment 66," September 24, 2013
  9. Colorado Department of Education, Overview of Senate Bill 10-191
  10. 10.0 10.1 10.2 10.3 10.4 10.5 Cite error: Invalid <ref> tag; no text was provided for refs named ArticleCEA
  11. 11.0 11.1 Daily Camera, "Yes on Amendment 66," October 13, 2013
  12. The Denver Post, "Colorado's schools need Amendment 66," October 3, 2013
  13. The Post-Standard, "NY Board of Elections sued over casino gambling language on November ballot," October 1, 2013
  14. New York Times, "Lawyer Contests Casino Referendum’s Wording," October 1, 2013
  15. 15.0 15.1 Cite error: Invalid <ref> tag; no text was provided for refs named lawsuit3
  16. CBS New York, “Lawyer: New York Casino Referendum Was Passed in Secret”, October 8, 2013
  17. 17.0 17.1 New York Post, “Casino question is skewed up: group”, October 11, 2013
  18. 18.0 18.1 Cite error: Invalid <ref> tag; no text was provided for refs named loaded
  19. 19.0 19.1 Supreme Court of the State of New York, "Decision, Order & Judgement," accessed October 16, 2013
  20. The Buffalo News, "Judge dismisses challenge to casino referendum," October 16, 2013
  21. WNYT News, "No appeal in NY casino lawsuit dismissal," October 17, 2013
  22. The Post Standard, "Oneida Nation, state agree on wide-ranging deal on gaming, taxing, land," May 16, 2013
  23. The Post-Standard, “Gov. Andrew Cuomo, Legislature sued over Oneida Indian casino and land deal," August 19, 2013
  24. Associated Press, "Lawsuit challenges underpinning of New York casino deal," September 23, 2013
  25. The Post-Standard, "Federal judge sends suit challenging NY casino deal to state court," October 30, 2013
  26. 26.0 26.1 26.2 26.3 26.4 26.5 The Olympian, "GMO fight: Attorney General sues to force No on 522 donor to reveal sources of its $7.2 million contribution," October 16, 2013 Cite error: Invalid <ref> tag; name "lawsuit" defined multiple times with different content
  27. Office of the Attorney General, "State of Washington v. Grocery Manufacturers Association," accessed October 28, 2013
  28. KGW, "WA AG sues food industry group over GMO initiative," October 17, 2013
  29. 29.0 29.1 29.2 29.3 Seattle PI, "Faced with lawsuit, Grocery Manufacturers Association agrees to disclose campaign finances," October 18, 2013
  30. kirotv.com, “VIDEO: DC group accused of illegally influencing 522 vote”, October 21, 2013
  31. MyNorthwest.com, "Wash. AG to still seek penalty against food group," October 22, 2013
  32. Office of the Attorney General, “Status report on AG Lawsuit against Grocery Manufacturers Association,” October 30, 2013
  33. 33.0 33.1 33.2 33.3 Seattle Post-Intelligencer, “AG: More violations in No on 522 money”, October 30, 2013
  34. The Post-Standard, "NY Board of Elections sued over casino gambling language on November ballot," October 1, 2013
  35. New York Times, "Lawyer Contests Casino Referendum’s Wording," October 1, 2013
  36. CBS New York, “Lawyer: New York Casino Referendum Was Passed in Secret”, October 8, 2013
  37. The Buffalo News, "Judge dismisses challenge to casino referendum," October 16, 2013
  38. WNYT News, "No appeal in NY casino lawsuit dismissal," October 17, 2013
  39. Office of the Attorney General, "State of Washington v. Grocery Manufacturers Association," accessed October 28, 2013
  40. KGW, "WA AG sues food industry group over GMO initiative," October 17, 2013
  41. kirotv.com, “VIDEO: DC group accused of illegally influencing 522 vote”, October 21, 2013
  42. MyNorthwest.com, "Wash. AG to still seek penalty against food group," October 22, 2013
  43. Office of the Attorney General, “Status report on AG Lawsuit against Grocery Manufacturers Association,” October 30, 2013
  44. Colorado Department of Education, Overview of Senate Bill 10-191
  45. The Denver Post, "Colorado's schools need Amendment 66," October 3, 2013
  46. The Post Standard, "Oneida Nation, state agree on wide-ranging deal on gaming, taxing, land," May 16, 2013
  47. The Post-Standard, “Gov. Andrew Cuomo, Legislature sued over Oneida Indian casino and land deal," August 19, 2013
  48. Associated Press, "Lawsuit challenges underpinning of New York casino deal," September 23, 2013
  49. The Post-Standard, "Federal judge sends suit challenging NY casino deal to state court," October 30, 2013
  50. Huffington Post (blog), "Colorado Education Underfunded By 'Unconscionable' Billions, Judge Rules," December 12, 2011
  51. The Denver Post, "Amendment 66 backers fail to make case for higher taxes," September 20, 2013
  52. Huffington Post (blog), "Lobato Case Decision: Colorado Supreme Court Finds Education Funding System Constitutional," May 29, 2013
  53. San Leandro Patch, "Lawsuit Challenges Measure L, San Leandro's 'Split Roll' School Parcel Tax," January 28, 2013
  54. 54.0 54.1 Contra Costa Tiimes, "San Leandro, West Contra Costa schools and others sued over parcel taxes," February 1, 2013

See also