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English Only backers file lawsuit
Attorneys supporting English Only filed a lawsuit in Chancery Court Thursday afternoon challenging the Davidson County Election Commission’s vote to keep the charter amendment off the November ballot.
Jonathan Crisp, an English Only supporter, said attorney Jim Roberts planned to file yesterday and would seek an expedited ruling so the proposed charter amendment could still appear on the Nov. 4 ballot.
The lawsuit asks for a court ruling on the word “submitted” as it appears in the Metro charter in regards to petition-driven charter amendment proposals.
Metro Director of Law Sue Cain issued a legal opinion this week stating that “submitted” was intended to mean when a proposal is literally on the ballot for the voters. The charter states that such referendums may not be submitted to voters more than once in each two years.
The Election Commission took Cain’s advice and, with a 3-2 vote, decided to not allow English Only to appear on the November ballot. The petition drive had sufficient signatures to appear on ballot after being certified by Election Commission Director Ray Barrett.
Crisp vowed to take the legal challenge to the Tennessee Supreme Court if necessary. In addition to Roberts, who is from Nashville, another author of the legal challenge was Washington, D.C.-based attorney Barnaby Zall, according to Crisp. Councilman Eric Crafton, the initiative’s main backer, is out of town on business.
English Only attempts to amend the charter to only allow Metro business to be conducted in English and to state no one has a right to government services in any language except English. The state of Tennessee already states that English is its official language.
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Right On! Save Our Country! English Only!
east – You are gonna piss id off by being the first to post all the time with irrelevant thoughts. By the way, this is a COUNTY, not country, ordinance.
Follow the money to know what this is really all about.
Interesting. Here is an elected official who has been told that his proposal is unconstitutional, bringing a lawsuit to make it go up on the ballot. He has publicly stated that this lawsuit will cost the city a lot of money. So, if he knows it is unconstitutional, and he knows that this lawsuit, and the election, will cost the city money it needs elsewhere, what does that say about his understanding of his duty to his constituents?English is already the official language of the State of Tennessee. At best then, this is a publicity stunt for Councilman Crafton which is being paid for by the taxpayers of Nashville. Forget whether or not you like the idea of English First/Only. Why should we all pay for his publicity stunt?
lu- lu, you are just mad because you can't be first, but then you want someone else to post before you, so you can start your tirade of name calling.
No “19”, I am just MAD. Mostly at the stupidity that you keep bring to this board!!!
2476 - Double Ditto! Maybe some words are not in that one's translator.
I'm against the ballot measure, think Crapton is a moron looking for publicity, and voted for Dean.. But it isn't right for Metro to keep it off the ballot unfairly, especially by using lawyers to subvert the rule of law. The interpretation of the statute is exactly the opposite that given in 1997. Letting Metro decide politically who gets on the ballot is a terrible precedent and something Dean should be ashamed of.
Tortuf, surely someone in that district will pick up a recall petition. They can't all be as dim as Anna3. I see Floyd R. Turbo is up early today.
What a surprise! Crispy filed the lawsuit. And I thought Republicans were supposedly in favor of responsible spending of our tax dollars.
- We should be allowed to vote via referendum. After all, that is a basic premise of our form of government.- Tortuf, you really need to do a little research. (1)Nashville does not have a constitution, it has a charter. (2)An opinion by Metro's Director of Law DOES NOT constitute legality, it only expresses their OPINION as to legality of the action.
who is paying for this lawsuit? has even crafton said how nashvillian's lives will improve with this measure?
When Sue Cain loses this case she should also lose her job.A time limit for submission is a date certain not an arbitrary one depending on when an election can be scheduled.Her actions are against the best interests of those that are paying her salary no matter what side of the issue you are on. We are paying to try to prevent our exercise of our Constitutional rights. Is she involded with trying to seize that property on Music Vally Drive too? More money down the drain to surpress taxpayer rights.
That's okay, since I was going to help fund the other 100+ lawsuits that were headed our way from EVERY other country that Does Not Speak Spanish. Because to NOT have a translator on premises for EVERY other language would have been RACIST, by definition these days. Like we don't already have too much gov't now in Metro...come on. We have extra personnel in the Water Dept that should've never been in that dept to begin with. They were supposed to have been seperate, to deal with water runoff issues, water quality, etc (drainage coming off parking lots)... but this town just loves extra gov't and wasting our tax dollars.
It is my understanding from reading about recent events that our charter has pretty specific guidelines regarding the number of referendums that can be voted on during any given time period. Unfortunately, Mr. Crisp and Mr. Crafton didn't 'do the math' before they started this process. Now we the people will have to fork out much needed tax revenue to fight a frivolous law-suit simply because these bozos can't count.I find it particularly disgusting that so many of the rightwingers on this blogsphere try to make this a political issue when it is a matter of technicalities, and if Mr. Crisp and Mr. Crafton were as smart as they try to appear, then they would have covered their derriers and made sure that the time limitations were met before they presented their petitions. If you folks on the right want to be mad at somebody, why don't you take it out on the people who are really responsible for the loss of your opportunity to vote like bigots instead of using politics as a smoke screen to blame Mayor Dean or any one else who is left of center.
Citizen – The basic premise is that we have REPRESENTATIVES so that we DON’T have to vote on every issue that comes up.
I'm not a lawyer but it sounds like that rule was intended so that the same issue is not voted on twice in two years? This would prevent bull-headed politicians from trying push their agenda on the people. Am I misreading that?
caholt it is being argued on the technicalities of what consitutes a submission. The dates of the filelings to the clerk which are dates certain or the dates of an arbitaray election.If you argue the election that you are doing an end run around the questionable intent and makeing the time frame three years rather then two.Sue cain should have stayed out of this fight as it is clearly above her pay grade/ability. If there is one person that created this mess it is her without any legal or common sense argument.
id isn’t a lawyer either, but he plays one on TV!
Oh Lord, here we go again. All of the Klan comes out of the closet, again. To those of you who fight about this EVERY TIME, do you not have anything better to do with your time? I'd like to suggest opening up a book on basic English grammar: filelings? arbitaray? makeing? cain? without any legal or common sense argument? Are you sure that we want to make English the language of choice? Can we try another one? I'm not sure that I can handle all of these first-grade grammar mistakes! I'm also sick of the rhetoric!
girlie, how does extra personnel at the water department detrimentally impact your quality of life?
ditto - You do ask dumb questions! However, to put it simply, extra personnel at the water dept. means tax money is being spent on salaries that should not nor need not be!
When people are denied the right to voice their concerns about issues that impact every day life, then we will be embarking on communism.
You elected representatives to voice your concern. Vote them out if you don’t like their representation. That is the AMERICAN way. Don’t cry foul when the vote doesn’t go your way.
rev - The majority also expect elected representatives to follow the law and not have little hidden agendas to sway things their way, or a little money under the table to aid their cause. Anytime, citizens can express strong enough opposition to try to get things done legal, this is our prerogative.Is it your suggestion, because they are elected representatives, they are not suppose to represent but just follow their own credence, regardless? Bull Hockey!
Revo-lou. Thank you! I agree with you. Whenever those of us on the other side of the fence cry foul, we're called cry-babies. The problem that I have with all of this is that very few of them are actually able to look at the factual data and avoid emotional pleas (or as they might write, "emotional please"). Funditto makes an extremely valid question, why are these people so intent on complaining about the financial expenditure involved with providing translation services, but have no qualms about spending money on lawsuits? It's not a financial issue, it's plain-and-simple bigotry against Spanish-speakers. I wish that they would just tell the truth about their feelings instead of trying to create a false factual basis for them. It's just like the racist saying "some of my best friends are black."
"33987
rev - The majority also expect elected representatives to follow the law and not have little hidden agendas to sway things their way, or a little money under the table to aid their cause. Anytime, citizens can express strong enough opposition to try to get things done legal, this is our prerogative.Is it your suggestion, because they are elected representatives, they are not suppose to represent but just follow their own credence, regardless? Bull Hockey!
ard - Sorry you can't read English, get a better dictionary!
bfra – Seems pretty simple. There is no “hidden agenda”. The issue is showing the ignorance of some, and is being addressed. Money under the table? Paranoia is such a strange manifestation, one never knows when it will strike. There are MANY avenues for citizens to speak their piece, I know, I have done it many times, without SUING anybody. Sometimes it goes your way, sometimes it doesn’t. THAT IS THE WAY IT IS SUPPOSED TO WORK! Have you talked to your representative? He/she is your voice in the Council. That they and you may not agree ALL the time on EVERYTHING is to be expected. The system works just like it should.As to Metro Legal, they have not always shown to make the right decisions, but that is there issue to deal with, not yours. Unless you have a law degree, or are a judge, your thoughts on this, like mine, are just that.
bfra – Find the delete button.
It is clear Crafton has his own stupid agenda , he needs to attempt although I know it is hard for him to be a leader that he was elected to be and not drag our city into an expensive lawsuit.Crafton knows the budget is tight and we can not afford anything like what is going to happen. He is proving to be less than a leader every time he open his mouth! Nashville use to be a place I was proud of with good sound leadership , well that leave much to be desired at this point , Crafton should just move away and take his kind with him!!!!
If you don't know about hidden agendas & money under the table deals, your English must not be good enough to read much news! Speaking of English, you really should learn the difference between there & their. That is explained in the dictionary or grade school English.Yes, I speak to my representatives on a regular basis, have you talked to yours lately?
Rev - Also, if you need the delete button, it is to the right, just past the date and is in blue.
Thanks bfra, I know where the delete button is, that is why I was telling you since you posted the same stance twice, which, didn’t make it any better. And I never claimed to be error free, just right. And yes I have, and he is doing exactly as I would expect him to do.
lu-lu, there is many avenues to speak piece and one of them was displayed in allmost 11,000 signatures. Also poles showed that 87% of the people were for the English only bill. So the elected officials are not representing their constituents, as they were elected to do. So as a recourse it has to be in a court of law to show them that they don't push their (under the table agenda on the people). Lu-lu I'll be waiting for you critism to this post and the other 87% who feel as I do.
Notice the personal attacks and name calling by the liberals but not one responded to the argument that the "submission date" should be when it is filed with the Clerk not the election date. Thay didn't because they can't and pass the laugh/smell test.They say they love freedom of speech and the will of the people but in practice they will obstruct anything they don't agree with. (like a vote on drilling for oil to give us relief) They know how it will go that is why they don't want a vote on either.
"Thay didn't because they can't and pass the laugh/smell test."Now there is someone who could benefit from learning the English language.By the way, that's not an attack, it's an observation.
id the intellect has said his piece. Guess it will be up to the judge now.“19” – I am going to be nice, for now, let’s see if it will last.11,000 signatures represent 10% of those that voted last election, and about 3% of the registered voters in Davidson County. If I asked 8 people and 7 said they where for “English Only”, that would be 87%, but not really of any value. Now, who would it seem to be that had an agenda?
Any bets that if this passed the government would issue signs in Spanish that say "English Only"?
Still the council saw fit to pass this before and Billy Boy Purcell vetoed it. So at one time the council saw a need for this action. Myself I get tired every time I call a business the first thing they say is for English press 1. Disgusting!!!
They didn’t override it, and it was defeated somewhere along the line by a vote. That you are offended, does not a city problem make. That it will continue with every other business is a given, since this bill only applies to City business.
Put it on the ballad, if not yes sue!Someone needs to stick up for Americans.English is our languate and if those who come here are to lazy to learn it then maybe they shouldn't come.
“Put it on the ballad, ..”Hey, they are gonna make a song out of it!
lindao1, don't bother with lu-lu, I have him covered and he loves to criticize. I think it would make a good ballad, how the Election Commission takes bribes under the table. 87% of those polled were for English only but a vote of 3 to 2 sent it to the courts. This has the smell of a foul odor.
“19” – Fine, we will do it your way.Your brilliance and foresight into the inner workings of the Metro government is astonishing. I know that you can’t give names and all, but how did you figure out the “underground scheme”? You must be bnakat’s bastard son, who he/she won’t claim for fear that you will show him/her up. The vastness of what you have to share, the ability you have to see the “Big Picture” has all of us in an envious hell. To be honest I don’t understand why you didn’t run for Mayor, as I am sure that you would have won by a landslide, and had every other candidate running for the Dog Catcher position. Please, share with us the grand plan of how we are to deal with this situation… You stupid asswipe. The amount of crap that comes out of you is scary. The only thing you have go covered is your eyes, cause you are blind to the world around you. Your math skills fit the mouth-breathing pose you generate. And know that, it is not criticism if it is fact. And the fact is that you are a fool.
Lou you are wrong. It passed the council and Purcell vetoed it. (aka Mr santuary city)
lu-lu>> calm down now you will have a heart attack, but that won't happen cause you don't have a heart. If you would read and search just a little bit you might find out a thing or two. Yes it passed the council and (Little Bo Pete) Purcell vetoed it. Check it out. Also I can tell by your talk about the inner workings of the Metro Government that you have an insight as to what is happening. Lu-LU, read in the big book what it says about calling a person a fool. But I can tell you have never opened it up. So take you a drink of kool-aid and your prozac and call your momma and have her change your diaper, because you are getting a rash, which is causing you to become irritable.
id – You’re an idiot. I was responding that the Council DIDN’T OVERRIDE the veto.“19” – You should stop standing on your “Good Book” to reach up and kiss everybody’s ass. I have more “morals” in my big toe than you could muster in a lifetime, and I don’t need a fallacy to tell me how to live. You would do wise to close your pie hole before you are knocked off your book. You couldn’t handle the fall.
lu-lu, I try to live by the "Good Book" something you should try and then you would not be mad when your mom makes you blow your nose. Has she got you potty trained as of yet.
I didn't realize the "good book" taught taunting, name-calling, insults...etc. Maybe I'm thinking of the wrong book...