San Francisco Chronicle

S.F. wins ruling on businessta­x increase in state appeals court

- By Dominic Fracassa Dominic Fracassa is a San Francisco Chronicle staff writer. Email: dfracassa@ sfchronicl­e.com Twitter: @dominicfra­cassa

A California appellate court on Tuesday confirmed that San Francisco officials did not break the law when they allowed a 2018 ballot measure that raised business taxes to fund homelessne­ss services to pass with a simplemajo­rity vote.

The ruling, from the First District Court of Appeal, marks a major victory for the proponents of 2018’s Propositio­n C and for the attorneys and other city officials who have invested considerab­le time and resources defending San Francisco’s trailblazi­ng stance on citizendri­ven tax measures — one that could have effects statewide.

Tuesday’s ruling inches San Francisco closer to being able to utilize hundreds of millions of dollars for homelessne­ss services and permanent supportive housing, urgent issues compounded by the COVID19 pandemic and the nearly $2 billion hole it’s blown in the city’s budget.

The threejudge appellate court panel agreed with the city’s arguments that tax measures brought by citizen groups for a specific purpose — called “special taxes” — are not subject to the same restrictio­ns as tax measures placed on the ballot by government officials. The decision upholds a 2019 ruling from San Francisco Superior Court Judge Ethan Schulman that the city abided by the law when it allowed Prop. C to pass with a less restrictiv­e simplemajo­rity vote instead of a twothirds supermajor­ity.

The “passage of Propositio­n C pursuant to a majority vote of the city’s electorate was a valid exercise of the people’s initiative power,” the judges ruled.

“We brought this case to uphold the will of the voters, and we’re pleased the First District Court of Appeal has agreed with us in a unanimous decision,” City Attorney Dennis Herrera said in a statement. “San Francisco voters have the right to direct democracy and selfgovern­ment. We will continue to defend that right for however long is necessary.”

Antitax and probusines­s organizati­ons — the California Business Properties Associatio­n, the Howard Jarvis Taxpayers Associatio­n and the California Business Roundtable — challenged the city’s use of a simplemajo­rity threshold to approve the measure, arguing that doing so violated the state Constituti­on. They also contended that local government­s would conspire with citizen groups to pass new taxes with the lower threshold.

The city has won two other cases over the voterthres­hold question on tax measures at the trial court level. Both are awaiting rulings from state appellate courts. But the legal challenges have forced the city to collect the taxes, but hold off on spending the revenue until each case is resolved, freezing hundreds of millions of dollars for homelessne­ss services, early child care services and teacher pay raises. The city is seeking to circumvent that blockade in the interim with an elaborate workaround built into businessta­x reform measures headed for the November ballot.

Since the mid1990s, any ballot measure that would raise taxes for a specific purpose has required a twothirds majority for passage. The Howard Jarvis associatio­n played an integral role in passing two amendments to the state Constituti­on that set that standard: Propositio­ns 13 and 218.

But in 2017, the San Francisco city attorney’s office issued a pivotal memo interpreti­ng a state Supreme Court ruling from that year to mean that tax measures put on the ballot by citizens — not government leaders — needed only a simple majority to pass. The threshold is still twothirds for tax measures put on the ballot by government officials. Across California, local government­s and citizen groups have closely watched San Francisco confront the voterthres­hold question, and the outcome could impact how citizens levy new taxes for specific issues.

Laura Dougherty, a staff attorney with the Howard Jarvis associatio­n, said the organizati­on “naturally” intends to appeal the case to the state Supreme Court.

“The voters who passed Propositio­ns 13 and 218 never intended to create multiple voter approval margins,” she said. “Constituti­onally, a twothirds vote is necessary for any special tax.”

 ?? Liz Hafalia / The Chronicle ?? Homeless services, like those at St. Anthony’s Client Safety Services, could benefit from San Francisco’s Prop. C, which was approved in 2018 by a controvers­ial simplemajo­rity vote.
Liz Hafalia / The Chronicle Homeless services, like those at St. Anthony’s Client Safety Services, could benefit from San Francisco’s Prop. C, which was approved in 2018 by a controvers­ial simplemajo­rity vote.

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