*** Forwarded message, originally written by [EMAIL PROTECTED] on 12-Oct-04 ***
LIBERTARIANS GET THEIR DAY IN COURT SomeBackground http://groups.yahoo.com/group/Libertarian/message/23830 "Real debate or no debate," says Arizona party October 11, 2004 For Immediate Release Contact: Stephen P. Gordon Office: (512) 637-6867 Cell: (256) 227-8360 [EMAIL PROTECTED] Phoenix, AZ - The case has been filed, the orders have been served, and the hearing has been scheduled. On Tuesday, the Superior Court of Maricopa County will decide whether or not taxpayer money can be used to present campaign commercials for favored political parties and their candidates. At issue is the exclusion of Michael Badnarik, the Libertarian Party's presidential candidate, from a Wednesday event at Arizona State University in Tempe. "The media refers to this event as a 'debate,'" says Stephen Gordon, Badnarik's communications director. "But there are three candidates on the ballot in Arizona, and the University, in collusion with an allegedly non-partisan, allegedly non-profit organization, is spending about $2 million to publicize the views of only two of them." Arizona Libertarians filed suit to stop the event on October 1, claiming that the state Constitution prohibits donations of taxpayer money to corporations like the Commission on Presidential debates. "If all of the candidates were invited, it might be portrayed as an educational program," says David Euchner, the Tucson attorney pressing the Libertarians' case. "When legitimate candidates whose names will appear on the Arizona ballot are excluded, the only word for it is 'campaign commercial.'" Early Friday, Judge Pendleton Gaines issued an Order to Show Cause, which Euchner caused to be served on the defendants, Arizona State University and the Commission on Presidential Debates. CPD personnel attempted to evade and resist service - Michael Badnarik himself was arrested in St. Louis while attempting to serve the papers - but copies were left at their headquarters and affidavits supporting the attempt at service have been filed. A hearing has been scheduled for 9 a.m. on Tuesday in the Superior C ourt of Maricopa County. Case Number CV2004-019089 is scheduled to be heard at 9:00AM, October 12, 2004 in Room 814 of the East Court Building of the Maricopa County (Arizona) Superior Court. The hearing is scheduled to be no longer than one hour, with one half hour allotted for each side to make their arguments. Badnarik, along with George W. Bush and John F. Kerry, will be on Arizonans' ballots on November 2nd as a presidential choice. His name also appears on the ballot in 47 other states and the District of Columbia. ### at http://badnarik.org/newsfromthetrail.php?p=1360 [Non-text portions of this message have been removed] ------End of forwarded message------ ------Forwarded message------ UPDATE: 2004/10/12 02:30 PM CT: The Arizona Libertarian Party and co-plaintiff Warren Severin were represented by attorney David Euchner. Arizona State University was represented by Carrie Brennan of the Attorney General's office. Commission on Presidential Debates was represented by Glen Hallman of the firm of Gallagher & Kennedy, physically in court, as well as Lewis Loss, General Counsel for the CPD by phone. The judge started by ruling that the service was sufficient for purpose of notice of this hearing. Then, each side was given 30 minutes to argue the issue. Euchner reserved 15 minutes of his argument for rebuttal, and argued the case based on the violation of Arizona's Constitution, Art. 9, Sec. 7, which prohibit gifts to private entities. He presented additional arguments based on the 1st Amendment, the 14th Amendment equal protection clause, and case law which was on point. Carrie Brennan argued the doctrine of latches (that the delay in bringing this suit worked an unfairness against the defendants). She further argued that the funding was provided by private parties, that there is great value to the University in hosting this, and that case law provides that such expenditures are allowed as long as they are not excessive or unreasonable. Finally, she stated that there is an adequate remedy for any violations of the constitutional gift clause, therefore injunction is not appropriate. Glen Hallman argued that Libertarians are not a special protected class, thus only a rational basis test applies to the equal protection argument, and using that test, the Libertarians were not discriminated against. Lewis Loss argued that the CPD is non-partisan, and that Bush & Kerry would not proceed if Badnarik were admitted to the debate. Euchner then rebutted, arguing that nobody remembers the location of the debates, and thus there is no value to the University in this expenditure, in other words, it is a gift to these two parties. As an example, Euchner argued that the only way debates are even remembered for any time is if they are parodied, such as on Saturday Night Live, and the rerun repeatedly. Further, even with a rational basis test on the equal protection clause, the judge should find for the Libertarians, because the discrimination is so blatant. At the conclusion of the arguement, the judge issued his ruling from the bench: 1. No restraining order, because of the doctrine of latches, and that there appears to be sufficient public purpose for this debate. 2. The Plaintiffs may continue to pursue damages for any violations of the constitutional provisions. In summary, we couldn't stop the debates or get Badnarik in, but we may still be able to hold them accountable through damages. ------End of forwarded message------ ---------------------------------------------------------------- Our efforts depend on donations from people like you. Directions for donors are at http://www.constitution.org/whatucando.htm Constitution Society 7793 Burnet Road #37, Austin, TX 78757 512/374-9585 www.constitution.org [EMAIL PROTECTED] Get your free digital certificate from http://www.thawte.com _______________________________________________ Libnw mailing list [EMAIL PROTECTED] http://immosys.com/mailman/listinfo/libnw http://immosys.com/mailman//pipermail/libnw
