AAGLA: Prop 10 Places Litigation Burden on Taxpayers

The debate over the controversial Prop 10 decision, which is on the California ballot in November and will overturn Costa Hawkins, is continuing to heat up. The Apartment Association of Greater Los Angeles, now, says that the proposition contains a hidden provision that will put “unusual” burden on taxpayers. The provision, according to AGGLA, will require California taxpayers to foot legal bills if any entity or person challenges the new law in court.

“This Section 10 provision grants the Proposition 10 initiative sponsors the power to defend their own measure in court, and that the California Department of Justice and California taxpayers must fund post-election legal work to defend against any challenges, win or lose. In essence, it makes the proponents of Proposition 10 unelected public officials,” Dan Yukelson, AAGLA executive director, tells Globest.com. “This is an extraordinary power grab by Michael Weinstein, the principal backer of Proposition 10, and anti-democratic. California voters have elected a state attorney general to defend the state legally; and it is up to our attorney general to make choices about pending legal cases, priorities and resources. The initiative’s sponsors want to supplant the judgment of our state’s attorney general.”

Yukelson says that it is very unusual to include this kind of language and provision in a proposition; however, he adds that Prop 11 also has similar language. “It is highly unusual for taxpayers to bear the legal costs for initiatives like Proposition 10.  In recent years; however, more and more proposition proponents have tried to “slip in” litigation defense coverage,” he explains. “Initiatives such as Proposition 10 already contain broad powers by changing the law and putting in place a statute that can only be undone by another vote of the people.  But, apparently this is not enough, and Mr. Weinstein wants to assume the responsibilities of California’s attorney general as well.”

This could potentially place extreme burden on taxpayers, according to Yukelson. He estimates that it could cost hundreds of millions each year, but does not qualify the estimate. “All California taxpayers will be required to help pay for Proposition 10’s legal bills, including tenants, apartment owners, and others.  This could easily cost California hundreds of millions of dollars each year,” says Yukelson. “There is no “cap” to any of these litigation defense costs.  The only way our state could fill the obvious “budget hole” these added costs will create is by taxing us more – that impacts everyone’s pocket books.”