NYC CAN Breaking News Bulletin - FORWARD WIDELY
September 10, 2009

City of New York Concedes 9/11 Coalition Has 30,000 Valid Signatures 
To Put Referendum For 9/11 Investigation on November Ballot


New York - In a last minute decision, lawyers for the City of New 
York have conceded that the New York City Coalition for 
Accountability Now (NYC CAN), a group comprising 9/11 family members, 
first responders and survivors, indeed did submit over 30,000 valid 
signatures to put the referendum for a new 9/11 investigation before 
the voters of New York City this November.

In an earlier letter from the City Clerk dated July 24, 2009, the 
City had claimed only 26,003 signatures were valid, 3,997 short of 
the requisite 30,000. The City's concession that over 30,000 of the 
52,000 signatures submitted were in fact valid paves the way for 
lawyers from both sides to argue the legality of petition.

Asked whether he thought NYC CAN could overcome the City's challenge 
to the legality of the petition, legal counsel to the petitioners, 
Dennis McMahon, said, "Absolutely. Although the City has an 
incredibly successful record of shooting down ballot initiatives, we 
will be arguing from a fresh perspective that reflects the 
unprecedented events of 9/11. We believe the courts will see how 
critical an issue this is, and be persuaded with our legal reasoning 
and point of view." A final determination on the legality of the 
petition will be reached in time for the referendum to be included on 
the November ballot should the petitioners prevail.  

Representatives for NYC CAN, 9/11 family member Manny Badillo and 
Executive Director Ted Walter, arrived at the Board of Elections on 
the morning of Wednesday, September 9, to assist the court-appointed 
referee in commencing a line-by-line review of the disputed 
signatures, only to learn the referee's review had been called off 
due to a last minute concession by the City. Mr. Badillo immediately 
got on the phone to inform others of the news. 

"The City conceded we have 30,000 valid signatures. Big victory."

The City's concession comes as a result of the immense effort put 
forth by 50+ volunteers who gave more than 1,000 hours over a two 
week period from August 10 to August 25 to identify a total of 7,166 
signatures that were wrongly invalidated by the NYC City Clerk and 
Board of Elections. On August 27, NYC CAN filed the 631-page Bill of 
Particulars cataloguing each of the 7,166 signatures it contended 
were in fact valid. NYC CAN submitted another 28,000 signatures on 
September 4 to guarantee the referendum will go on the ballot if they 
win the court case, bringing the total signatures submitted to 80,000.



631-page Bill of Particulars Filed on August 27


NYC CAN must deliver its memorandum of law in response to the City's 
motion for summary judgment by Monday, September 21. The City will be 
given an opportunity to reply before the referee's decision is made 
on Monday September 28.  Fast-track appeals will likely follow no 
matter who wins.  A final decision will have to be made by September 
30.

If the referendum passes in November, it would lead to the creation 
of a local, independent commission with subpoena power that would be 
tasked with comprehensively reinvestigating the attacks.

www.NYCCAN.org

Thinkers think and talkers talk.  Patriots ACT.



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