On July 22, 2021 three activist judges of the Third Appellate District - Sacramento overturned the decision of Yuba County Superior Court Judge Stephen Berrier. Berrier’s ruling invalidated the controversial and deceptive sales tax Measure K (Nov 6, 2018 ballot).
Measure K was hyped to voters by Yuba County Supervisors and administrators as a new tax dedicated to public safety. Monies would be set aside in a special fund with a watchdog committee to monitor expenditures.
Advertising and public relations people were illegally funded using public dollars to deceive and scare voters. The message was that the people’s safety could not be assured short of giving the government more money. This was extortion and manipulation using fear.
The California and U.S Constitutions forbid using tax dollars to lobby voters for more of their money. However, government officials ignore the laws they create. They prey upon a legally unsophisticated and financially overwhelmed populace to confiscate more of its wealth.
Most people are unaware that little Yuba County has a legal department with 5 attorneys plus paralegals, secretaries and an office administrator. Then the supervisors hire outside legal teams to enforce whatever decree they wish against the citizens, all using money taken from residents. Citizens literally fund government to take advantage of them.
It is no secret that socialist politicians and activist judges have aggressively worked to undermine the tax protections voters won with Proposition 13 (1978.) Subsequent Propositions 218 (Changed how government could raise taxes 1996) and 58 (Stopped reassessment of property to increase taxes for parent to children gifts 1986) were necessary to protect and strengthen Proposition 13.
They were needed to withstand annual attempts by politicians and unions to deceive and take more money from taxpayers. These propositions (13, 218 and 58) prevented Californians from being taxed out of their homes, farms and businesses.
In the last election even local Assemblyman James Gallagher endorsed Proposition 19 (reversing Prop 58) that removed tax protections of families wanting to transfer property to children. Fortunately, assemblyman, and candidate for Governor, Kevin Kiley is working to reverse Prop 19 and the plundering of family wealth. Kiley said, “Why is it in California we sacrifice the most and get the least in return.”
Judges like any profession can be both wrong and corrupt. U.S. Supreme Court judges in the Dred Scott decision (1857) endorsed slavery. The Supreme Court in Roe V Wade (1973) approved killing preborn babies. German judges were held accountable for crimes against humanity during the Nuremberg Trials (1947) following WW II.
Judges have proven to be incompetent, biased, willing to take bribes, and to advance a political agenda. Isaiah 10:1-2 says “What sorrow awaits the unjust judges and those who issue unfair laws. They deprive the poor of justice and deny the rights of the needy among my people. They prey on widows and take advantage of orphans.”
Yuba County lied to voters using a bait and switch scheme. It made guarantees of a special safety tax (special fund and oversight committee) to get the votes but dodged those assurances by defining the tax ordinance as “general” only needing a simple majority approval.
The monies now can go into the general fund and be spent on anything. Verbal guarantees by individual supervisors are nonbinding as they have just one vote and the tax will outlive them.
Politicians have no remorse or conscience. The invalidated tax (Berrier’s ruling) has been assessed while on appeal (by the Board of Supervisors). Therefore, $13,000 each month has been removed from the citizens pockets. The county cashes-in win or lose. It is government abuse of power.
Meanwhile, supervisors invoked emergency orders regarding the fraudulent Covid “emergency” closing businesses and the work of thousands of people in the private sector. Government employees’ pay and the supervisors’ checks arrived unhindered.
Law firm Bell, McAndrews, and Hilltachk for the plaintiffs --- Howard Jarvis Taxpayers Association, Charles Mathews and John Mistler has not indicated its response to the appeals court decision.
Two of the five supervisors (Lofton and Leahy – both one termers) creating the Measure K fiasco were voted from office in March 2020. Supervisors Fletcher, Vasquez and Bradford remain. (Bradford barely survived a novice opponent running a weak campaign.)
(Lou Binninger can be heard on No Hostages Radio podcast, live on KMYC 1410AM 10-noon Saturdays, read at Live with Lou Facebook and Nohostagesradio.com)
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