Legal papers filed against South Lake Tahoe's Measure N verbiage

SOUTH LAKE TAHOE, Calif. - Former South Lake Tahoe mayor, city councilmember, and local businessman Tom Davis filed a petition for a writ of mandate in El Dorado County Superior County on July 26. The writ was directed to City Clerk Susan Blankenship and County Registrar of Voters Bill O'Neill in their official capacities, and Amelia Richmond, Nick Speal, C.T. Rowe, Kira Richardson, and Alicia Halpern as "real parties in interest."

The reason Davis filed the writ is because of the language in the ballot argument of Measure N, also known as the "Vacancy Tax" ballot measure. The "real parties" said YES on N: Can ONLY be spent on HOUSING, ROADS & TRANSIT." The ballot argument was submitted earlier in July and would have automatically been published in the voter information guide had the writ not been filed.

A writ orders a person or entity to perform or to cease performing a specific action or deed.

In this case, Davis said the Measure N ballot argument that the voters would see in the Voter Guide is false since the measure itself says funds raised will go to housing, transportation, roads, and administrative and legal costs.

Measure N, if passed, would tax homeowners if they don't stay in their homes for at least 50 percent of the year (or 182 days). The measure also doesn't lay out how much could be spent on the unknown administrative costs and defending possible lawsuits, estimated to reach hundreds of thousands of dollars annually.

"We want them to tell the truth, that's all," said Davis. "It's very deceiving, and it's not right."

The writ states, "The stylistic emphasis on the word "ONLY" - in bold, capital letters- is particularly misleading.....providing truth to the voters in the voter information guide is of the utmost importance, and it is a false statement to say the revenues generated from Measure N will "only" be spent on the three listed categories."

Davis said the expenses need to be disclosed in writing so voters have all the facts.

The writ states: "Petitioner brings this action because Real Parties, the authors of the argument in favor of Measure N, a measure that will appear on the November 5, 2024 ballot in the City of South Lake Tahoe, have included false and misleading language within their ballot argument, in violation of the applicable statutory and regulatory authorities and well-established judicial precedents. Judicial relief is required to ensure that the voters of South Lake Tahoe receive truthful information concerning Measure N as they cast their votes on the measure."

O'Neill said a writ is a normal course of action. He said once a judge hears the case they will decide the language of the voter guide statement.

A hearing is scheduled for August 5 in Department 4 in South Lake Tahoe with Judge Leanne Mayberry at 3:30 p.m.

O'Neill said they need a quick decision so there is time for the parties to rewrite the "for" statement for the voter guide should that be the course of action the judge decides. He said at first they wanted to get the guide to the printer by August 15, but he and his team said that date has been pushed out to August 23, if needed.

"This thing has divided our whole town," said Davis. "We need to be united. We were together on the rec center TOT tax increase for our community."

Davis said he feels there are many other ways to get housing units, just as the current city council is doing as well as when he was on the council.

"There are other ways to get housing done and don't have to divide a community to get it done," added Davis.

The current Measure N: “Shall the measure to tax property owners who keep nonexempt residential units in the City of South Lake Tahoe vacant more than 182 days/year, $3,000/unit for the first year of vacancy and $6,000/unit for subsequent consecutive years, subject to CPI adjustment, with exceptions, generating between $10,000,000 to $20,000,000 annually until ended by voters, to be used only for housing, roadworks, transit, and administrative and legal costs, with administration overseen by oversight committee, be adopted?”