John Chiv: Lawsuit filed against City of Eureka for election code violations by Eureka Housing for All

Oct 17, 2023

Lawsuit filed against City of Eureka for election code violations by Eureka Housing for All

Just received this tip. " There was another law suit filed against the City of Eureka Yesterday . Election code violations."

I suspect the lawsuit was filed by Citizens for a Better Eureka or Eureka Housing for All. Two of the 4 lawsuits filed by CBE are on the agenda for today to be discussed in closed session. The EHA ballot initiative is on the agenda for the regular meeting. I was correct.

I reached out to City of Eureka Assistant Manager and City Clerk Pam Powell, City of Eureka Attorney Autumn Luna and Registrar of Voters Juan Cervantes. Ms. Luna is out of the office until Oct 27.

Ms Powell responded, "Yes, the City was served earlier today. The plaintiffs are Michael Munson and Michelle Costantine-Blackwell. The attorney is Bradley Johnson and James Anderson of San Diego." Mr. Johnson is the attorney who filed the CEQA petitions for CBE.

I obtained a statement from Gail Rymer, spokesperson for Eureka Housing for All. The lawsuit seeks "judicial relief from the city’s apparent intent to improperly postpone an election on the Initiative until November 5, 2024. The lawsuit also alleges the city violated the Elections Code by failing to certify the Initiative at the City Council’s October 3, 2023, regular meeting."

I had previously written about out of town lawyer Johnson and the big bucks he is getting paid and errors in filing. In April, I wrote that Johnson was also Travis Schneider's attorney and a reader told me Rex Bohn is recommending to people. Instead of the suniversities he lists on his bio, Johnson's filing makes it look like he went to the Rex Bohn git er done school of law? Johnson is the son of a developer, a California licensed real estate broker and a member of the California and Texas bar.

Just a quick glance at the filing showed three basic errors in the first few pages. Michelle Costantine-Blackwell last name is mispelled and differently in the first couple of pages and the initiative cannot be placed the "March 5, 2023" ballot.

EHA statement:

Mike Munson and Michelle Costantine-Blackwell, proponents of the City of Eureka Housing for All and Downtown Vitality Initiative, have filed suit against the city seeking judicial relief from the city’s apparent intent to improperly postpone an election on the Initiative until November 5, 2024. The lawsuit also alleges the city violated the Elections Code by failing to certify the Initiative at the City Council’s October 3, 2023, regular meeting.

The Housing for All Initiative has been placed on tonight’s City Council agenda. At tonight’s meeting, the council can take one of two actions: (1) adopt the ordinance directly or (2) submit the ordinance to voters. According to the Agenda Summary prepared by city staff, the Initiative would be placed on the November 5, 2024, ballot. According to the Elections Code, the city must place the Initiative on the March 5, 2024, ballot, the next statewide general (not just primary) election.

The Council can correct the mistakes and avoid needless litigation by voting tonight to adopt or place the Initiative on the March 5, 2024, ballot.

The petition can be found at eurekahousingforall2024.org.

Just a few errors in Bradley Johnson's filing: