THROUGH MY EYES

Ron Davis

Thank goodness it finally happened. Arnel Retail Group, the developer of

the approved Wal-Mart, has filed a lawsuit against the city, city clerk,

City Council, and most important, Robert Cronk, the proponent of the

initiative to preclude Wal-Mart from building at the closed Crest View

school site.

I’ve got to tell you, folks, it’s about time we put a stop to the

insanity of the democratic process. I mean when 22,000 people sign a

petition demanding that the issue go to the citizens at large, things

have gotten completely out of control. I say squish the little guy and

replace the ballot boxes with big boxes.

This should be an easy fight for the big guys. Robert Cronk is merely a

resident of this community who felt committed enough on the issue to work

hard for six months gathering 22,000 signatures in order to present the

issue to the voters. Everyone knows Cronk, and his ragtag army of

volunteers don’t have the financial resources to stand toe to toe

(there’s that boot thing again) with Wal-Mart’s developer. Cronk’s going

to have to cave in like a worn out slipper. And when he does, poof, there

goes the initiative and the right of the public to vote on the subject.

Who says you can’t ignore the wishes of 22,000 people?

I’m not going to get into the merits of the litigation and predict who

might win if the matter is fully litigated. It just doesn’t matter. This

fight’s going to be called, because Cronk and group won’t have the cab

fare to get to the arena -- let alone buy boxing gloves, trunks and shoes

-- to try to go 16 rounds with an 80-ton gorilla. What’s the point?

And here’s the good part. The city has been sued, too, on the theory that

the technical requirements of the initiative haven’t been met -- not just

by some bozos off the first bus from Blythe, but a firm of lawyers who

also represent the city on another case. You heard right -- the law firm

that represents the city is actually suing the city. Gosh, I wonder why

lawyers get a bad name.

And it gets even better. Remember that a majority of the council approved

the Wal-Mart. They probably don’t see an election on the Wal-Mart issue

as being in their best interest. The city attorney represents the

council, or at least the majority position. Who gets to “defend” the city

in the lawsuit seeking to invalidate the signatures and preclude an

election? The city attorney. Are you ready for that speech about how

impossible the case is to win for the city, and how the city will have to

reluctantly throw in the towel and not have the election the city never

wanted in the first place? Even though my crystal ball is out for repair,

somehow I see that speech in our future.

If the council cares in the least about the democratic process and wants

people to care about government and their ability to affect change, then

they’ll call for an election on the subject -- independent of the lawsuit

and independent of the initiative. They’ll do that because it’s the right

thing to do, out of respect for 22,000 people.

My mind keeps humming that Wal-Mart tune sung by the smiley face guy with

the cowboy hat and frankly, it makes my hide raw. I’ve taken the liberty

of changing a couple of lyrics in honor of the lawsuit and the tactics:

“Rollin’, rollin’, rollin’, keep those lawsuits goin’; keep the voters

from pollin’; hide raw!”

Oddly enough, I no longer imagine the guy with the smiley face and cowboy

hat but see a corporation, wearing huge boots, complete with foot odor

and stiletto heels, stomping on the little guy. “Stompin’, stompin’,

stompin’; keep the voters from countin’; hide raw!”

* RON DAVIS is a private attorney who lives in Huntington Beach. He can

be reached by e-mail at [email protected] .