Just Say No, Alamedans for Fair Taxation
Published by Rob Siltanen August 18th, 2008 in Measure HAs Don Roberts reported last Thursday, a small group of Alameda businesses (”Alamedans for Fair Taxation”) may try to overturn the Measure H election result that Alameda passed in June by a more than 2 to 1 margin.
It appears that Pillow Park Plaza and Pauline’s Antiques are among those soliciting donations to pay for a legal challenge to Measure H. If they do decide to push ahead with a lawsuit, the legal wrangling is likely to cost the school district hundreds of thousands of dollars in precious school funds for legal bills. Even if a lawsuit against Measure H were to fail in the end, apart from the massive legal cost, it could also cause catastrophic cuts in the schools right now if it were to require freezing Measure H funds for years while the case works its way through the courts.
It would certainly place Alameda in a terrible position by returning us to where we were before Measure H passed last spring: sitting defenseless before the looming state budget cuts, at the mercy of all the rest of the state’s budget pathologies (still no state budget in sight!), and facing more brutal cuts by the state year after year for at least as long as this recession drags on.
Those who are organizing/considering the legal challenge include businesses that benefit greatly from our tax dollars when they receive local government assistance. (As just one example, how much has Alameda given to PSBA, etc. in the form of grants and subsidies?).
Our local business community also benefits from one of the Bay Area’s most strong, positive and safe communities and from the good will of loyal customers who do their best to shop locally and support our great local businesses.
No one enjoys paying taxes. But doing so and doing other things that one doesn’t like (even accepting and tolerating what one disagrees with) is at times the price of maintaining a healthy community. When a huge majority of the community says yes to something like Measure H, even those who disagree with it should accept it rather than pursue something that would be so very divisive and that would so clearly leave all of us worse off. Arguing against a parcel tax during a campaign is one thing. Trying to overturn/throw out an election result after the fact is another.
It is worth remembering that Measure H is similar in structure and size to school parcel taxes passed in other districts around the state and that it only runs for four years. Moreover, given the passion and frustration Alamedans for Fair Taxation has shown regarding how the burdens of Measure H fall, I am confident that if/when there ever is another school parcel tax in Alameda, it will be structured differently from Measure H. After these rumblings about a possible a lawsuit, no one will soon forget the complaints of Alamedans for Fair Taxation. So in that sense, it may be that the threat of this lawsuit has already achieved what its supporters hope.
In the end, of course, no one except Alameda for Fair Taxation can decide whether to file suit. If they do, I think they’ll find that businesses that turn their backs on the clear will of the community by participating in an effort to overturn the popular results of an election will also have the community turn their backs on them.
I hope it won’t come to that. I hope instead we can move forward together and do our best to recommit to support each other both by protecting our schools and by supporting our business community by shopping locally.
Part of what pains me about this potential lawsuit — besides the many good points made by Rob — is the anonymity of it. Those of us who supported Measure H did so very publicly. We spoke before the Board of Education. We wrote letters to the local newspapers. We advocated for the measure at our schools and in our neighborhoods.
Every time we spoke up, we let our fellow community members see our faces and hear our names. And every time we spoke up, we took the risk that someone would ridicule us or criticize us — sometimes in very nasty ways.
But a lawsuit allows supporters to hide behind an organization’s name (Alamedans for Fair Taxation) or behind one lead plaintiff. I.e., those who would benefit from having the tax rescinded can pour money into the lawsuit without ever letting anyone know they’re involved. Why didn’t these people speak up during the actual campaign? Why won’t they speak up now? If they’re doing something they don’t want anyone to know about…why are they doing it at all?
That is a really good point and I agree. But this is a small town and the truth always comes out eventually. As heart-breaking as this is, I think some people are trying to start a list of which businesses to support and which ones to boycott along with organizing some informational pickets.
I wish it wasn’t coming to that. I would rather spend my energy working with the pta to drive support of all local businesses, not boycott them. But I really cannot support any business that would do something so terrible to our schools.
Let me set the record straight, it is not the business owners that are involved to overturn this unfair and unjust Measure H, but Alameda’s commercial and industrial property owners. Also let me remind you, that the Measure won by just 39 votes! Many of the property owners don’t live in Alameda and therefore could not even vote on it. Had the school board treated everybody fairly and not got greedy by assessing the commercial property owners $0.15 per sq.ft. we would not be having this discussion. There is one property owner that has to pay $ 38.000. per year for the next four years since he is the owner of four parcels ($9.500. each) and there are many more, that have to pay thousands of dollars for the next four years. I own a small building and it is I, that has to pay the additional tax, since I can not raise the rent on a business that is already having a rough time in this shaky economy. I am retired and get less than $500. per month in Social Security after Medicare deduction. The rent money from my building is my only other income and believe me after insurance and taxes, there is not much left. Let me assure you, that this is not about the children, that I supported, by voting for the last two school parcel taxes. Talking of boycotting Alameda’s business community is misdirected at the very people that support the schools throughout the year with donations. Tell the Alameda Unified School District to come up with a Measure that is fair to all and they will get our support.
In response to R. Cobre –
I don’t think that anyone is suggesting that all Alameda businesses be boycotted, but I do think it’s fair for people to choose where they want to do business based on their participation in this lawsuit. For instance, if I can buy my gas at gas station A which is not supporting the lawsuit instead of gas station B which is putting its dollars toward funding the lawsuit (the same dollars that could be used to pay the tax), I’ll choose gas station A. Moreover, while you correctly point out that Measure H passed by only a few votes, you neglect to mention that it required 2/3 of the voters to pass the measure. Property owners made these same arguments when the matter was put up for a vote. The people spoke at the ballot box by an overwhelming majority. If a few property owners want to overrule the will of the people, they certainly are free to take action, but they must also be willing to live with the consequences of their actions.
With all due respect, R. Cobre, I wouldn’t characterize the school board as being “greedy” in this matter. The district is facing some $4 million in state budget cuts this year. Commercial property owners have not been asked to share in school-related parcel taxes in the past. And their property taxes have been held down, for years, by Proposition 13.
Moreover, while I sympathize with the property owner who is now facing $38,000 in taxes because s/he owns 4 parcels in Alameda, I’d also like to point out that, s/he owns 4 commercial parcels in Alameda! Unless those parcels have been designated Super Fund sites, they’re probably worth a pretty penny. And again, unless that property owner bought all four parcels in the last five years, his/her taxes have been kept very, very low by Proposition 13.
Finally, no one would be threatening boycotts if news of this lawsuit hadn’t finally surfaced this week. In my own case: I am an ardent supporter of shopping locally — because I prefer small businesses, because I want my sales tax to go into my own town’s coffers, and because I don’t like creating pollution/CO2 emissions by driving my car a lot.
But I don’t frequent establishments whose workers, policies, or service rub me the wrong way. So yes, if I were to find out that a business person in Alameda had supported this lawsuit, I would take my business elsewhere. Their actions threaten the education of my kids and that’s something I take very seriously.
I am a parent of two children who both attend Alameda schools. I also am a strong believer of supporting our community by patronizing our local busineses. I completely understand where R. Cobre is coming from when he/she states that this is a property owner issue and not to blame the buisiness owners. In fact if we do not patronize them where does that get us? Empty shops! It seems to me that this is an unfair issue. I mean couldn’t everyone pay the same . Infact I was personally told by many supporting the measure H that it is only a parcel tax of a $120. I was shocked to hear what some property owners would have to pay on this measure. It seems to me that they will be paying more to the schools come city tax time than anything else. How is that going to jepardize other future parcel taxes? I have lived in Alameda for fifteen years now, and within that span of time I have seen a huge amount of improvement and devopment within the business districts. I would hate to see that progressiveness come to a halt. I definitly want our schools to provide the best education for my children. However, I don’t not want to see any of other wonderful shops go under. It is my assumption to expect that due to this parcel tax business owners whom rent will get affected by this. If the property owners pay more ,they just might have to raise their tenats rent. Therefore, causing business owners to raise their prices. And as we all are well aware of the economy’s current state ,that is not good. So please all of you that are threatening are towns thriving business I encourage you to not create a scene of hatefulness and picketing. That will do nothing but express anger. Why spend more money on making signs for picketing, and put finances where it’s needed, back into our schools. I have spoken to some property owners and heard thier side, and to me it sounds like an issue of unfairness and a case of law. If Alameda Unified School District did make a mistake in following the law then maybe it’s just a case of comprimise and rewritting.
I find it truly sad that these local businesses and commercial property owners are not respecting the will of the voters, are choosing instead to hurt Alameda’s school children, and to alienate a huge chunk of their customers all in one fell swoop. Why would they do this?
I don’t know where they are in terms of filing this lawsuit, but perhaps if local businesses and their business associations hear from their customers they will reconsider their plans, or if not, at least they will have been forewarned that none of this is going to be taken lightly. Maybe some are clueless on what the reaction will be and would benefit from the feedback.
Today I made a list of the businesses my family frequents and started making calls. I asked the owner, manager, or whoever I could get on the phone if the business or landlord is supporting this lawsuit and asked them not to support it. I let them know my family will be strongly supporting the local businesses that take a stand against this lawsuit. I also let them know that my family will not be shopping in any businesses that are found out to be supportive of or involved in this lawsuit. I hope that others who feel similarly will do the same.
For those interested:
The Park Street Business Association has a merchant directory that lists the names and phone numbers of all of their members
http://www.shopparkstreet.com/php/searchResults.php
And so does the West Alameda Business District:
http://www.westalamedabusiness.com/business/search.php
And so does the Alameda Chamber of Commerce though not as user friendly:
http://www.alamedachamber.com/directory-frame.htm
In addition to contacting the businesses you frequent, you can also contact the three business associations below and let your voice be heard on this issue.
Park Street Business Association (PSBA)
http://www.shopparkstreet.com
Phone:510-523-1392
Fax: 510-523-2372
Email: parkstreet@alamedanet.net
West Alameda Business Association (WABA)
http://www.westalamedabusiness.com/waba/index.html
Phone (510) 523-5955
Fax: (510) 337-1352
Email: west_alameda@yahoo.com (Executive Director Kathy Moehring)
Alameda Chamber of Commerce
http://www.alamedachamber.com/about_us.htm
Phone: 510-522-0414
Fax: 510-522-7677
Email: melody@alamedachamber.com (Melody Marr - CEO)
Just out of curiosity, are we supposed to start boycotting doctors and hospitals now who are pro choice because they are obviously anti-kids? And, are we supposed to start boycotting restaurants and markets now that sell meat because they are obviously anti-animals? Can someone create a map that pinpoints which businesses on the Island are kid and animal friendly for me? Thanks
Whitney, I think you will find that most of the retail business owners that rely on Alamedans to spend in Alameda are supportive of the schools and Measure H. The business that are located in Alameda, but see most of their sales volume derived from customers outside of Alameda (e.g. yachts, advertising, nursing homes, etc.) are going to be more supportive of the lawsuit.
The requirement in 500079 is that the tax apply uniformly. There appears to be big difference in the average rate per sq. foot between commercial and residential owners. It appears that most residential owners will pay substantially less than 0.15 rate. Whether that difference is so great as to not be considered “uniform” is up to the courts to decide. Other parcel taxes in surrounding areas are greater per residential parcel and smaller rates per sq. foot. It seems that Measure H IS one of the largest differentials between commercial and residential assessments in the Bay Area.
This issue comes down to money: schools need it, businesses need it, and consumers decide where to spend it. I say, Let’s support businesses that support our schools; boycott businesses that don’t.
Businesses: place signs in your windows letting us know you support our schools and we will support you.
Alamedans: let’s uncover which businesses are involved in anti-Measure H lawsuits. Let’s publicize those busineses far and wide so Alamedans can choose whether to frequent businesses that are actively working against our schools.
Whitney’s posting is a great start. Let’s combine forces and spread our knowledge, so everyone can know where businesses stand in this town.