Author Archives: Briggs Law Corporation (San Diego & Upland, California)

Poway Unified School District Critics Sue District, Board President, and Board Member for Violating Free-Speech Rights

Kimberly and Christopher Garnier, frequent critics of Poway Unified School District and several of its board members, filed a lawsuit today in federal court against the District, board president Michelle O’Connor-Ratcliff, and board member T.J. Zane.  The defendants have blocked the Garniers from commenting on their Facebook and/or Twitter accounts in retaliation for their negative criticism of the defendants.

You can read the lawsuit here: Complaint.

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Community Activist Marcus Bush Sues Lemon Grove City Councilmember Jerry Jones and City Manager Lydia Romero for Retaliation

Yesterday community activist Marcus Bush sued Lemon Grove City Councilmember Jerry Jones and City Manager Lydia Romero for abusing their power as public officials when they retaliated against Marcus after he criticized Jones’s “racist tendencies” on Facebook.  Jones and Romero have been sued in their private capacities, not as public officials, which means their wrongdoing may not be subsidized by the taxpayers of Lemon Grove.

Read the press release here: Press_Release_2017-10-04.

Read the lawsuit here: 1_Complaint_FINAL ALL.

Del Mar Alliance Sues City for Failure to Disclose Public Records on Short-Term Rentals

On July 17, 2017, the Del Mar Alliance for the Preservation of Beach Access and Village sued the City of Del Mar for its failure to disclose public records concerning short-term rentals.  The City has been actively working to ban STRs, but the City has been unable to turn over a single responsive public record after more than two months.

You can read the lawsuit here: 1_Petition for Writ of Mandate and Verified Complaint.

Donna Frye’s Response to Chargers’ Side-Letter Concessions to Measure C

Donna Frye released the following statement today in response to reports that last week the Downtown Partnership has negotiated a number of concessions to Measure C that were reflected in a side letter signed by Dean Spanos:

I’m glad for the Downtown Partnership’s recent success in getting Charger concessions to Measure C.

However, even with those concessions, Measure D remains far superior to Measure C for three reasons:

1) Measure D contains those same protections, and even more.  And, unlike the Chargers’ concessions in a side letter, Measure D’s protections are actually built into the law and will be legally enforceable.

2) The transient occupancy tax rate under Measure D will be only 14%-15.5%, which is 1%-2.5% lower than the rate under Measure C.  So, Measure D leaves the door open for additional TOT capacity in the future to help pay for other public projects and services if the public votes to do so.

3) Measure D includes the necessary voter approval for the Qualcomm Stadium site to be turned into a public river park, for new active recreational park and open space for the public, and a transit-oriented campus expansion for SDSU and UCSD.  Measure C does nothing for SDSU/UCSD, or for the future beneficial use of Mission Valley.

Measure D is just better for the greater good of all San Diego.

CITIZENS’ PLAN RESPONDS TO CITY OF SAN DIEGO’S PROPOSAL TO KEEP INITIATIVE’S TEXT OUT OF VOTER GUIDE

The public is entitled to know exactly and fully what is being proposed by the Citizens’ Plan. The public should not be limited to a biased analysis or summary prepared by City Hall. The public has a right to know that the taxpayer resources in the Citizens’ Plan can be used to fix roads, sidewalks, and other infrastructure, to help strengthen our police, fire, and lifeguard forces, and to provide affordable housing and homeless services — all through a general tourist tax without earmarks for special interests. 

On its face, the Citizens’ Plan protects taxpayers and makes our tourism economy and infrastructure competitive while compelling tourists and the corporations who benefit most from tourism to pay their fair share of what it takes to keep us America’s Finest City. City Hall has refused to do that on its own and cannot be trusted to deliver that message to the voters now. Voters are entitled to read for themselves that the Citizens’ Plan requires the tourism industry to pay its own way.