[Linda Mann is a former attorney and Judicial law clerk- Doug Mann] Forwarded message:
Dear mpls issues list members, Doug asked me to offer an opinion about the application of the 14th amendment. As I understand the situation, there is a state law that prohibits the imposition of a sales tax without allowing a referendum (or at least the possibility of one). The state just passed a law for this one thing depriving Hennepin County residents (and no one else) of a right to referendum. The item in question, a stadium, is going to have a huge negative financial impact on Hennepin residents. It is true that 14th amendment claims are usually litigated around violations of constitutional rights and discrimination against protected classes. But the amendment itself guarantees equal protection UNDER THE LAW. In this case, Hennepin County residents are being deprived of a right guaranteed residents of other counties. For members of an unprotected class, the standard of determining the legitimacy of a discriminatory law is "rational basis". So far as I can tell, the only basis for depriving them of this right is the fact that the stadium backers are afraid that people will vote against it. There may be other legal claims one could make against this action, but a 14th amendment claim would at least be worth a court's consideration. Linda Mann -Doug Mann, King Field Candidate for city council, 8th ward http://educationright.com REMINDERS: 1. Be civil! Please read the NEW RULES at http://www.e-democracy.org/rules. If you think a member is in violation, contact the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A Civil City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[email protected] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
