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Sonoma County judge rules to change language on SMART ballot

SONOMA COUNTY, Sept. 2, 2008 – Judge Elaine Rushing ruled today there was “clear and convincing evidence” that the argument to be in the voter information pamphlet against the Sonoma Marin Area Rapid Transit project has misleading information in the opposition’s fight against Measure Q and required a change in language.

The language was changed from, “Freight train operations and gravel mining, facilitated by SMART, would severely damage the Eel River and its threatened salmon and steelhead," to, "NCRA freight trains and gravel mining, if facilitated by SMART, might damage the Eel River and its threatened salmon and steelhead."

Deborah Fudge, vice chair of SMART said, “I am very happy that the judge ruled in our favor."

Ernie Carpenter, spokesman for the opposition, said the lawsuit was unnecessary and both sides agreed to the change.

Also the opposition’s side, Joan Vilms said that though the language was changed, the goal was to shine light on the connection between SMART and freight, and they achieved it. There is a similar hearing scheduled in Marin, and Mike Arnold, co-chair of Marin Citizens for Effective Transportation opposing Measure Q, said he hopes that hearing will have a comparable outcome.