What's at stake?
A Fresno County Superior Court judge ruled against the county’s board of supervisors’ lawsuit against the state.
Measure S will be on the November countywide general election ballot.
The Fresno County Superior Court ruled on Monday that the state did not break the law by approving a bill superseding the power of the county’s board of supervisors, and ordering a countywide transportation tax measure on this year’s ballot.
Monday’s ruling means that Measure S, better known as the “Better Roads, Safe Streets” tax measure, will be on the ballot in November.
Fresno Superior Court Judge Jonathan Skiles, a Gov.Arnold Schwarzenegger appointee, wrote in his ruling that AB 1923 is valid and enforceable, and rejected all avenues for legal relief that the county was looking for in their case against the State of California.
Shortly after Monday’s ruling was announced, Board Chair Garry Bredefeld issued a statement slamming Measure S while also saying the board respects the judge’s ruling. In a surprise move, Bredefeld said the county would not appeal the decision.
“I respect Judge Skiles, believe he gave all sides a fair opportunity to present their arguments, and accept his decision,” the statement reads.
“The Board of Supervisors followed California election law when it exercised its statutory authority to study Measure S, and we believed the Legislature’s last-minute attempt to change the rules and create a brand new law targeting Fresno County raised serious constitutional questions,” he continued. “We made our case.”
“If the radicals promoting this scam had correctly collected their signatures and not required the Clerk to hand count their signatures, this delay would never have happened. Nevertheless, the Court has ruled, we accept that ruling, and we will not appeal this decision.”
It is not immediately known what kind of resources the supervisors will put toward their likely efforts to campaign against Measure S ahead of November.
The county’s lawsuit against the state saw the board of supervisors also take on a handful of local leaders in an effort to place Measure S on the 2028 ballot — including Fresno Mayor Jerry Dyer and local elections clerk James Kus, a county employee.
Kus did not immediately respond to requests for comment for this story.
It is not immediately clear exactly how much money the lawsuit cost the county. Fresno County Spokesperson Sonja Dosti said the county won’t know “for a couple of weeks” what the final cost was, but said that its current estimated price was at about $55,000.
Because it is a signature-led initiative, Measure S will only need a simple majority, or 50% + 1 of the vote to be approved.
Measure C’s recent route to renewalwhich in 2022 required a two-thirds majority vote. However, likely opposition from the majority of the county’s board of supervisors, and other local transportation leaders and elected officials keep an approval far from guaranteed.
The “Yes on Measure S campaign,” issued a statement on Monday celebrating their victory in court.
“The court saw what was plain all along: Measure S qualified fair and square,” the campaign said in their statement “and it should be voters — not politicians — who have the final say on how their tax dollars are spent.”
Monday’s ruling culminated a months-long saga that saw the Better Roads coalition — made up of community advocates and a bipartisan majority of Fresno County’s mayors — attempt to find a successor to Measure C. The 40-year-old transportation tax will expire next summer.
With no countywide tax plan to replace Measure C, local governments and transportation agencies already began picturing a grim fiscal future, with layoffs and service reductions on the table.
With Measure S momentarily stuck in a legal battle, the City of Fresno swiftly introduced and approved a citywide general tax that local leaders said would help protect them from a projected shortfall of millions of dollars, and avoid laying off more than 200 city workers.
That plan was announced at a time when it was not clear what Measure S’ fate would be pending this court case. However, it is now too late to pull the ballot from appearing on the November ballot.
The citywide measure has language in it that automatically voids it if a countywide tax plan is in place. Last month, Dyer, who is also a prominent proponent of Measure S, said he’d encourage local voters to approve both tax plans.
It is not immediately known what the city’s current plans are heading into November
Dyer’s Office did not immediately respond to requests for comment for this story.
The county’s lawsuit, specifically, came following the passing of AB 1923, a law introduced by California Assemblymember Esmerlada Soria and co-authored by State Sen. Anna Caballero.
“Judge Skiles’ ruling reinforces what we already knew, that AB 1923 is law, and that voters in Fresno County will NOT be denied their constitutional right to decide on this transportation measure,” Soria’s office said through a statement shared Monday morning.
That statement concludes by saying, “It’s time to move on. Fresno County has plenty of other issues it needs to focus on.”
