SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
DOROTHY BRIZILL, 1327 Girard Street, NW, Washington, D.C. 20009, (202)
234-6982,
THELMA JONES, 2217 T Place, SE, Washington, D.C. 20020, (202) 678-8194,
ANTHONY MUHAMMAD, 1609 21st Place, SE, Washington, D.C. 20020, (202)
359-3517
Plaintiffs
V.
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS
441 4th Street, N.W., Suite 250,
Washington, DC 20001
Serve: KENNETH J. McGHIE, General Counsel, Defendant
Civil Action No. 2006 CA 003939 B
Calendar 14
Next Event: Initial Conference
(9/15/06)
Judge Judith E. Retchin
PLAINTIFFS’ OPPOSITION TO DEFENDANT’S MOTION TO
DISMISS COMPLAINT
1. Plaintiffs object to the defendant’s motion to dismiss their
complaint. This court has jurisdiction over this case under D.C. Official
Code § 1-1001.16(e)(1)(A) and this court’s general equitable powers.
D.C. Code § 1-1001.16(e)(1)(A) stipulates that, "If any registered
qualified elector of the District of Columbia objects to the summary
statement, short title, or legislative form of the initiative measure
formulated by the Board [of Elections and Ethics] pursuant to subsections
(c) and (d) of this section, that person may seek review in the Superior
Court of the District of Columbia within 10 calendar days from the date
the Board publishes the summary statement, short title, and legislative
form in the District of Columbia Register stating objections and
requesting appropriate changes. The Superior Court of the District of
Columbia shall expedite the consideration of this matter."
2. Since 1978, numerous court cases have held that the Court’s power
to review includes its authority to determine whether the proposed
initiative is a proper subject for an initiative.
3. Furthermore, Hessey v. Burden, 1992, 615 A.2d 562, held that
the Superior Court, once it has acquired jurisdiction, has the power to
conduct its own independent, de novo examination of the proposed
initiative, and is not limited to reviewing the factors considered by the
Board of Elections and Ethics.
4.. The text of the initiative, including the summary statement, short
title, and legislative form, was published in the May 12, 2006, edition of
the DC Register, and the plaintiffs timely filed their complaint in
Superior Court on May 22, 2006.
5. Should the Court grant intervenor status to Barry E. Jarrels, the
proponent of the initiative, the plaintiffs would also object to the
motion to dismiss that was filed on his behalf on the same grounds.
THE DEFENDANT’S MEMORANDUM OF POINTS AND AUTHORITIES
5. The plaintiffs do not agree with the defendant’s legal arguments,
interpretations of law, and citation and interpretation of authorities and
legal precedents. Plaintiffs reserve their reply at this time, and request
that the Court determine a briefing schedule so that they may prepare a
brief presenting their arguments, interpretations of law, and legal
authorities.
Respectfully submitted,
Dorothy Brizill, pro se
Thelma Jones, pro se
Anthony Muhammad, pro se
May 26, 2006
SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION
DOROTHY BRIZILL, 1327 Girard Street, NW, Washington, D.C. 20009, (202)
234-6982,
THELMA JONES, 2217 T Place, SE, Washington, D.C. 20020, (202) 678-8194,
ANTHONY MUHAMMAD, 1609 21st Place, SE, Washington, D.C. 20020, (202)
359-3517
Plaintiffs
V.
DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS
441 4th Street, N.W., Suite 250,
Washington, DC 20001
Serve: KENNETH J. McGHIE, General Counsel, Defendant
Civil Action No. 2006 CA 003939 B
Calendar 14
Next Event: Initial Conference
(9/15/06)
Judge Judith E. Retchin
ORDER
Upon consideration of Defendant’s Motion to Dismiss, the Memorandum
of Points and Authorities in support thereof, the record herein, and for
good cause shown, it is hereby:
ORDERED, that the Motion should be, and is hereby DENIED.
Superior Court Judge Judith E. Retchin
CERTIFICATE OF SERVICE
I hereby certify that I did, this day, May 26, 2006, personally deliver
a copy of this motion in opposition to defendant’s motion to dismiss to:
Kenneth McGhie, General Counsel, District of Columbia Board of
Elections and Ethics, 441 4th Street, NW, Suite 250, Washington, DC 20001,
(202) 727-2194
Jeffrey D. Robinson, Esq., Baach Robinson & Lewis, PLLC, 1201 F
Street, NW, Suite 500, Washington, DC 20004-1225, Tel.: (202) 833-8900,
Fax: (202) 466-5738
Gary Imhoff |