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Back to Video Lottery Terminal Gambling Initiative of 2006 main page

Barry Jerrels and Citizens for the VLT Initiative of 2006
Proposed motion and supporting memorandum for expedited consideration
May 24, 2006

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IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

DOROTHY BRIZILL, THELMA JONES, ANTHONY MUHAMMAD, Plaintiffs, 

v. 

DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, Defendant,

and

BARRY JERRELS and CITIZENS FOR THE VLT INITIATIVE OF 2006, Intervenors.  

Civil Action No. 0003939-06

[PROPOSED] MOTION AND SUPPORTING MEMORANDUM FOR EXPEDITED CONSIDERATION

Pursuant to Sections 1-1001.16(e)(1)(A) of the District of Columbia Official Code, Barry Jerrels and Citizens for the VLT Initiative of 2006 ("Movants" or "Intervenors"), by counsel, hereby move this Honorable Court to consider this matter on an expedited basis. As grounds, Movants state as follows:

Points and Authorities

On April 10, 2006 Mr. Jerrels filed the Video Lottery Terminal Initiative of 2006 ("Initiative 69") with the Board complying with all the requirements of D.C. Code §1-1001.16. The Board published the proposed initiative in the District of Columbia Register dated April 21, 2006 and stated its intention to consider the initiative at its regularly scheduled meeting on May 3, 2006. The Board published its decision approving the proposed initiative as a proper subject and approving a Short Title and Summary Statement in the District of Columbia Register on 

May 12, 2006. The suits that are the subject of this motion for expedited hearing were filed by challengers on May 22, 2006.

Plaintiffs have filed their challenge to the Board's decision pursuant to D.C. Code §11001.16. In particular, the plaintiffs have asked the Court to rule that the Board of Election and Ethics (the "Board") erred in (1) approving the Video Lottery Terminal Gambling Initiative of 2006, Initiative 69, as a "proper subject of initiative" and (2) drafting and approving Initiative 69's Short Title and Summary Statement. Pursuant to subsection (e)(1)(A) of D.C. Code § 11001.16, the Court must "expedite the consideration" of any objection by electors, such as the plaintiffs. Thus, challenges such as this one are routinely considered on an expedited basis. See, e.g., Argo v. District of Columbia Bd. Of Elections and Ethics, No. Civ. A. 04-4740 (D.C. 2004) (complaint filed June 21, 2004 and dismissed June 29, 2004).

Failure to expedite consideration of this matter would imperil Initiative 69's chances of meeting the statutory deadlines and requirements for being placed on the ballot this election cycle. Upsetting the initiative process will have a detrimental effect on the petition signature drive that must be conducted in support of the Initiative. Signatures must be collected by July 9, 2006 in order for the Initiative to be on the ballot in November. This pressing deadline presents a significant additional reason for exigency in this matter. Plaintiffs have every right to oppose the Initiative on the merits, however, the democratic process will be disserved if any delay is permitted.

Request for Relief

WHEREFORE, Movants respectfully request that their motion for expedited hearing be granted. 

Rule 12-I (a) Certification

Undersigned counsel for Intervenors has asked Plaintiff, Dorothy Brizill, to consent to the elief sought herein. The request was refused, necessitating the filing of this motion.1

Respectfully submitted,
BAACH ROBINSON & LEWIS PLLC

By: Jeffrey D. Robinson, Esq. (D.C. Bar No. 376037)
Duane K. Thompson, Esq. (D.C Bar No. 376180) 
Sarah L. Knapp, Esq. (D.C. Bar No. 470008) 
Baach Robinson & Lewis PLLC 
1201 F Street, N.W., Suite 500 
Washington, D.C. 20004-1225 
(202) 833-8900
(202) 466-5738 (facsimile)

Dated: May 24, 2006

1. The District of Columbia Board of Elections and Ethics, however, consented to both the intervention and expedited treatement of this proceeding.


IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

DOROTHY BRIZILL, THELMA JONES, ANTHONY MUHAMMAD, Plaintiffs, 

v. 

DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, Defendant,

and

BARRY JERRELS and CITIZENS FOR THE VLT INITIATIVE OF 2006, Intervenors.  

Civil Action No. 0003939-06

[PROPOSED] ORDER

Upon consideration of the Defendant/Intervenors' Motion for Expedited Consideration, any opposition thereto and the entire record in this matter, it is hereby

ORDERED that the Motion is GRANTED; it is further

ORDERED that this matter be and is hereby, set for a scheduling hearing on May ____, 2006. 

IT IS SO ORDERED. 

Date: ________________                Honorable Judith E. Retchin

Copies to: 

Kenneth McGhie
General Counsel
District of Columbia Board of Elections and Ethics
441 4th Street, NW
Suite 250
Washington, D.C. 20001

Dorothy Brizill 
DC Watch
1327 Girard Street, NW 
Washington, D.C. 20009

Thelma Jones
2217 T Place, SE 
Washington, D.C. 20020

Anthony Muhammad 
1609 21st Place, SE 
Washington, D.C. 20020


IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

DOROTHY BRIZILL, THELMA JONES, ANTHONY MUHAMMAD, Plaintiffs, 

v. 

DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, Defendant,

and

BARRY JERRELS and CITIZENS FOR THE VLT INITIATIVE OF 2006, Intervenors.  

Civil Action No. 0003939-06

[PROPOSED] ORDER

Upon consideration of the Defendant/Intervenors' Motion for Expedited Consideration, any opposition thereto and the entire record in this matter, it is hereby

ORDERED that the Motion is GRANTED, and Movants are permitted to participate as defendants in all aspects of this proceeding.

Date: ________________                Honorable Judith E. Retchin

Copies to: 

Kenneth McGhie
General Counsel
District of Columbia Board of Elections and Ethics
441 4th Street, NW
Suite 250
Washington, D.C. 20001

Dorothy Brizill 
DC Watch
1327 Girard Street, NW 
Washington, D.C. 20009

Thelma Jones
2217 T Place, SE 
Washington, D.C. 20020

Anthony Muhammad 
1609 21st Place, SE 
Washington, D.C. 20020


 

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