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No. 04-AA-957 IN THE DISTRICT OF COLUMBIA COURT OF APPEALS CITIZENS COMMITTEE FOR THE D.C. VIDEO
LOTTERY TERMINAL INITIATIVE, Petitioner,
On Petition for Review of the District of Columbia Board of Elections and Ethics Motion to Intervene of Ester Baxley, Louise Best, Trina Butler, Dorenda Canty, Bobbie D. Diggs, Gloria Dukes, Louis Dukes, Pamela Humphrey, Carroll Jamison, Diana Kay, Sarada Mitchell, Elizabeth Partridge, Robin Pugh, Charlotte Smallwood, Felda Thompson, Charles Thornton and Gregory WardPursuant to Rule 15 (d) of the Rules of District of Columbia Court of Appeals, Ester Baxley, Louise Best, Trina Butler, Dorenda Canty, Bobbie D. Diggs, Gloria Dukes, Louis Dukes, Pamela Humphrey, Carroll Jamison, Diana Kay, Sarada Mitchell, Elizabeth Partridge, Robin Pugh, Charlotte Smallwood, Felda Thompson, Charles Thornton and Gregory Ward ("Movants"), by counsel, hereby move this Honorable Court to permit them to participate as intervenors in all aspects of this proceeding. As grounds, Movants state as follows: Statement of Interest of IntervenorsMovants are qualified electors residing in the District of Columbia who signed and/or circulated a petition between July 1 and 6, 2004 that sought to place "The Video Lottery Terminal Initiative of 2004" ("Initiative No. 68") on the District's November 2004 general election ballot (the "Petition") under the authority of the Initiative, Referendum and Recall Charter Amendments Act of 1977, D.C. Law 2-46, codified at D.C. Code § 1-204 et seq. Movants fully understood that the Petition's purpose was to permit voters to decide whether to authorize Video Lottery Terminals in the District of Columbia. They were not misled about the purpose of the Petition. Movant Bobbie D. Diggs is a qualified elector in the District of Columbia residing in Ward 5. Mr. Diggs served as one of the petition circulators "associated with" Stars & Stripes and signed a petition sheet that he himself circulated. As set forth in his attached declaration (Exhibit A), Mr. Diggs knew what he was signing, was not given or promised anything in exchange for signing, and was not misled. The Board made no specific finding of any defect regarding Mr. Diggs' signature on the Petition. Similarly, the Board made no finding of any specific defect with the petition sheet that Mr. Diggs signed. Nevertheless, the Board rejected the entire petition sheet that Mr. Diggs signed and refused to count his signature toward the number required to place Initiative No. 68 on the ballot. The Board also rejected the 413 valid signatures on the petition sheets Mr. Diggs circulated. The Board discarded those 413 valid signatures of qualified electors despite having heard Mr. Diggs' testimony in the proceedings below and specifically found that his conduct was appropriate. (Decision at 29, n.28.) Movant Diana Kay is a qualified elector in the District of Columbia residing in Ward 5. Ms. Kay signed the Petition on July 3, 2004. Ms. Kay signed a petition sheet circulated by fellow Intervenor and Stars & Stripes circulator Bobbie D. Diggs at the Brentwood Giant grocery store near Rhode Island Avenue. The Board made no specific finding of any defect regarding Ms. Kay's signature on the Petition. Similarly, the Board made no finding of any specific defect with the petition sheet that Ms. Kay signed. Nevertheless, the Board rejected the entire petition sheet that Ms. Kay signed and refused to count her signature toward the number required to place Initiative No. 68 on the ballot. As set forth in her attached declaration (Exhibit B), Ms. Kay knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Robin Pugh is a qualified elector in the District of Columbia residing in Ward 5 along with her sister, Diana Kay. Ms. Pugh signed the Petition on July 3, 2004. Ms. Pugh signed a petition sheet circulated by fellow Intervenor and Stars & Stripes circulator Bobbie D. Diggs at the Brentwood Giant grocery store. The Board made no specific finding of any defect regarding Ms. Pugh's signature on the Petition. Similarly, the Board made no finding of any specific defect with the petition sheet that Ms. Pugh signed. Nevertheless, the Board rejected the entire petition sheet that Ms. Pugh signed and refused to count her signature toward the number required to place Initiative No. 68 on the ballot. As set forth in her attached declaration (Exhibit C), Ms. Pugh knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Trina Butler is a qualified elector in the District of Columbia residing in Ward 5. Ms. Butler signed the Petition on July 3, 2004. Ms. Butler signed a petition sheet circulated by fellow Intervenor and Stars & Stripes circulator Bobbie D. Diggs at the Brentwood Giant. grocery store. The Board made no specific finding of any defect regarding Ms. Butler's signature on the Petition. Similarly, the Board made no finding of any specific defect with the petition sheet that Ms. Butler signed. Nevertheless, the Board rejected the entire petition sheet that Ms. Butler signed and refused to count her signature toward the number required to place Initiative No. 68 on the ballot. As set forth in her attached declaration (Exhibit D), Ms. Butler knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movants Louis and Gloria Dukes are qualified electors in the District of Columbia residing in Ward 8. The Dukes both signed the Petition on July 1, 2004, at the Eastover Shopping Center. However, Mr. Dukes signed a petition sheet circulated by Shamika Mack while Mrs. Dukes signed one circulated by Bobby Johnson. The Board counted Mrs. Dukes' signature but did not count Mr. Dukes' signature because Ms. Mack was associated with Stars & Stripes. As set forth in their attached declarations (Exhibits E and F), the Dukes knew what they were signing, were not given or promised anything in exchange for signing, and were not misled. Movant Louise Best is a qualified elector in the District of Columbia residing in Ward 7. Ms. Best signed the Petition on July 2, 2004. Ms. Best signed a petition sheet circulated by Stars & Stripes at the Safeway grocery store near Benning Road. The Board made no specific finding of any defect regarding Ms. Best's signature on the Petition. However, because the petition sheet she signed bore the circulator signature of Steven Atkins, and Mr. Atkins did not stand behind some of his petition sheets, the Board refused to count Ms. Best's signature towards the number required to place Initiative No. 68 on the ballot. As set forth in her attached declaration (Exhibit G), Ms. Best knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Carroll Jamison is a qualified elector in the District of Columbia residing in Ward 2. Mr. Jamison signed the Petition on July 2, 2004. Mr. Jamison signed a petition sheet circulated by Stars & Stripes circulator Thomas Green. The Board rejected the entire petition sheet that Mr. Jamison signed and refused to count his signature toward the number required to place Initiative Measure No. 68 on the ballot. As set forth in his attached declaration (Exhibit H), Mr. Jamison knew what he was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Pamela Humphrey is a qualified elector in the District of Columbia residing in Ward 5. Ms. Humphrey signed the Petition on July 3, 2004. Ms. Humphrey signed a petition sheet circulated by Stars & Stripes circulator Scott Smith at the Safeway grocery store near Benning Road. The Board rejected the entire petition sheet that Ms. Humphrey signed and refused to count her signature toward the number required to place Initiative Measure No. 68 on the ballot. As set forth in her attached declaration (Exhibit I), Ms. Humphrey knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Ester Baxley is a qualified elector in the District of Columbia residing in Ward 7. Ms. Baxley signed the Petition on July 5, 2004. Ms. Baxley signed a petition sheet circulated by Stars & Stripes circulator Carrie Bryson at the Safeway grocery on Minnesota Avenue. The Board rejected the entire petition sheet that Ms. Baxley signed and refused to count her signature toward the number required to place Initiative Measure No. 68 on the ballot. As set forth in her attached declaration (Exhibit J), Ms. Baxley knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Dorenda Canty is a qualified elector in the District of Columbia residing in Ward 8. Ms. Canty signed the Petition on July 2, 2004. Ms. Canty signed a petition sheet circulated by Stars & Stripes circulator Thomas Robinson at the Safeway grocery store at Naylor Road and Alabama Avenue. The Board rejected the entire petition sheet that Ms. Canty signed and refused to count her signature toward the number required to place Initiative Measure No. 68 on the ballot. As set forth in her attached declaration (Exhibit K), Ms. Canty knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Elizabeth Partridge is a qualified elector in the District of Columbia residing in Ward 5. Ms. Partridge signed the petition sheet circulated by Alan J. Dildy on July 3, 2004 at the Giant grocery store in Brentwood. As set forth in her attached declaration (Exhibit L), Ms. Partridge what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Charlotte Smallwood is a qualified elector in the District of Columbia residing in Ward 6. Ms. Smallwood signed the petition sheet circulated by Assiatu Bangura on July 1, 2004 outside the MCI Center. As set forth in her attached declaration (Exhibit M), Ms. Smallwood knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Sarada Mitchell is a qualified elector in the District of Columbia residing in Ward 7. Ms. Mitchell signed the petition sheet circulated by Lucinda Anderson on July 6, 2004 at the Safeway grocery store near Benning Road. As set forth in her attached declaration (Exhibit N), Ms. Mitchell was knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Felda Thompson is a qualified elector in the District of Columbia residing in Ward 6. Ms. Thompson signed the petition sheet circulated by Gary S. Phillips on July 1, 2004 outside the Fort Totten Metro Station. As set forth in her attached declaration (Exhibit 0), Ms. Thompson knew what she was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Gregory Ward is a qualified elector in the District of Columbia residing in Ward 7. Mr. Ward signed the Petition on July 2, 2004. Mr. Ward signed a petition sheet circulated by Stars & Stripes circulator Gwendolyn Squirewell on Grant Street. The Board rejected the entire petition sheet that Mr. Ward signed and refused to count his signature toward the number required to place Initiative Measure No. 68 on the ballot. As set forth in his attached declaration (Exhibit P), Mr. Ward was knew what he was signing, was not given or promised anything in exchange for signing, and was not misled. Movant Charles Thornton is a qualified elector in the District of Columbia residing in Ward 5. Mr. Thornton signed the Petition on July 1, 2004. Mr. Thornton also served as one of the petition circulators "associated with" Stars & Stripes. The petition sheet that he signed was also one he circulated. As set forth in his attached declaration (Exhibit Q), Mr. Thornton knew what he was signing, was not given or promised anything in exchange for signing, and was not misled. The Board made no specific finding of any defect regarding Mr. Thornton's signature on the Petition. Similarly, the Board made no finding of any specific defect with the petition sheet that Mr. Thornton signed. Nevertheless, the Board rejected the entire petition sheet that Mr. Thornton signed and refused to count his signature toward the number required to place Initiative No. 68 on the ballot. The Board also rejected the 36 valid signatures on the petition sheets Mr. Thornton circulated. Grounds for InterventionMovants' grievances with the Board's decision involve questions of fact and law common to those presented in the Petition for Review filed by the Citizens Committee for the D.C. Video Lottery Terminal Initiative ("Citizens Committee"). Like the Citizens Committee, Movants seek to overturn the Board's decision rejecting thousands of Petition signatures. Movants are Petition circulators whose petition sheets were rejected without any showing of wrongdoing, Petition signers whose signatures were rejected with no showing of impropriety, and Petition signers whose individual signatures were not rejected, but who nevertheless were frustrated in the exercise of their right to petition the government because of the wholesale rejection of other signatures. Allowing Movants to participate in this appeal as intervenors will cause no undue delay or prejudice to the adjudication of the rights of the original parties. Rather it will allow the Court to consider all the relevant interests and arguments. Party AffiliationMovants seek to intervene in this appeal on the side of Petitioner, the Citizens Committee. WHEREFORE, Movants respectfully request that their motion to intervene be granted and that this Honorable Court accept for filing the initial brief that Movants are submitting under separate cover to present their arguments on the merits. Respectfully submitted, BAACH ROBINSON & LEWIS, PLLC Dated: August 26, 2004 CERTIFICATE OF SERVICEI hereby certify that a copy of the foregoing Motion to Intervene of Ester Baxley, Louise Best, Trina Butler, Dorenda Canty, Bobbie D. Diggs, Gloria Dukes, Louis Dukes, Pamela Humphrey, Carroll Jamison, Diana Kay, Sarada Mitchell, Elizabeth Partridge, Robin Pugh, Charlotte Smallwood, Felda Thompson, Charles Thorton and Gregory Ward in Support of Petitioner Citizens Committee for the District of Columbia Video Lottery Terminal Initiative Initiative and Exhibits thereto were served by hand this 26th day of August, 2004 upon the following: Kenneth J. McGhie, General Counsel Alice Miller, Acting General Counsel Terri Stroud, Staff Attorney D.C. Board of Elections and Ethics 441 4th Street, N.W., Suite 270 Washington, D.C. 20001 George W. Jones, Jr., Sidley Austin Brown & Wood LLP 1501 K Street, N.W. Washington, D.C. 20005 Erik S. Jaffe, Law Office of Erik S. Jaffe, P.C. 5101 34`h Street, N.W. Washington, D.C. 20008 John Ray, Manatt, Phelps & Phillips, LLP One Metro Center, 700 12th Street, N.W., Suite 1100 Washington, D.C. 20005-4075 Ronald L. Drake, Esq., 5 P Street, S.W. Washington, D.C. 20024 D.C. Watch, c/o Ms. Dorothy Brizill Mr. Gary Imhoff, 1327 Girard Street, N.W. Washington, D.C. 20009 D.C. Against Slots, c/o Rev. Dean J. Snyder, Chairman 333 A Street, N.E. Washington, D.C. 20002 Ripple L. Weistling |
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