Letter: Those pushing for vacancy tax are using a political sleight of hand

Dear Editor: Let's keep the main thing the main thing. Those pushing for the Vacancy Tax are doing a political sleight of hand. Our rogue council member, politician, Scott Robbins, and his minions, Nick Speal and Amelia Richmond, have cherry-picked parts of a hastily prepared report and are trying to drag us into the weeds by confusing the issue. They are crowing about self-manufactured statistics using bad math to make their points. It’s a very cagey tactic these city council wannabes are using to suck us into arguing statistics, math, and outcomes.

Remember, their arguments are based on biased estimates and best guesses as to what the true effect of the obviously illegal Vacancy Tax might be on our economy.

Those of us who have been in business know instinctively what happens when the government increases taxes. The government gets richer, and we get poorer. The 9212 report is, as one councilwoman stated, "garbage." The baseless statistics are all foam and no beer.

In order to buy Scott’s lie that nothing is being done for the housing supply, we have to ignore that up to 500 apartments are in the works. We have to ignore that the City of SLT was just recognized in the top ten cities working on housing. We have to buy the same type of lie that we bought from the state that the California lottery would raise additional funds for our schools. And we have to buy the lie that raising the tax on houses will magically make them more affordable.

My main point is, that instead of arguing about made-up statistics, we should instead be focusing on the main thing. That is the fact that this ILLEGAL TAX SHOULD NOT HAPPEN PERIOD, NO MATTER WHAT MONEY IT RAISES OR DOESN'T RAISE. IT IS NOT A LEGAL TAX.

In our country, you are innocent until proven guilty. This initiative, effectively, makes EVERY SINGLE HOMEOWNER IN SOUTH LAKE TAHOE GUILTY, UNTIL PROVEN INNOCENT; by making every homeowner prove they didn’t violate the ordinance under penalty of perjury. Will the police be enforcing that?

It’s a bit ironic that July 4th is just a few weeks away because this is reminiscent of the Stamp Act that started our American Revolution. In fact, King George was forcing the Colonists to allow soldiers to stay in their homes, now this initiative would force us to have people stay in ours. Just like the IRS, the huge new government bureaucracy created could demand receipts going back five years. Would neighborhood Karens turn in their neighbors? Would inspectors come onto our properties? Property rights are mentioned 37 times in the U.S. Constitution.

The Supreme Court has jealously guarded the bundle of rights afforded to property owners. This invasive tax violates the right to privacy; it violates the Takings Clause and the Commerce Clause. It violates equal protection under the law. It is taxation without representation. It goes against numerous Supreme Court precedence rulings. It goes against relevant California Supreme Court and New York Supreme Court rulings. It is in violation of the Ellis Act passed by the California Legislature that in essence states, that no state or local government may pass a law that forces a property owner to rent out their property. Taking something from someone who earned it and giving it to someone else is stealing, whether they are a common criminal or a government initiative. An initiative, even if voted upon by the voters, cannot take away Constitutional rights. But these guys have tried to do just that.

I’m sure Scott, Nick, and Amelia hope they will not be found guilty of misleading signers of the initiative. They should also be very worried about forcing local and second homeowners to rent their homes out against their will by fining them $6,000 if they don't rent it out. They facetiously call it a voluntary contribution! Their insidious sleight of hand is so plainly evident that any judge and/or jury with common sense will see right through the deception, especially since they were foolish enough to state in writing that forcing homeowners to rent their homes out is exactly their intent. I hope they know that when the lawsuits come they will be personally sued. Then we'll own their houses instead of them taking ours.

- Duane Wallace, CEO, ACE
South Tahoe Chamber of Commerce