May 23, 2006

Group seeks reversal of ruling based on Padilla

"A conservation group is asking a judge to reverse her earlier decision invalidating an initiative that sought to impose strict limits on hillside and citywide development.

The attorney representing Save Loma Linda last week filed a motion asking a judge to dismiss her March ruling that the group's initiative petition was invalid because it was not translated into Spanish.

U.S. District Judge Audrey Collins should reverse her decision because it was based on a ruling in another case that is now being reconsidered by a higher court, said Kathy Glendrange, Save Loma Linda spokeswoman.

A three-judge panel of the 9th Circuit Court of Appeals ruled last year that recall petitions in Orange County had to be translated into Spanish as a requirement of the Voting Rights Act of 1965.

Two federal court rulings in March, including Collins' decision, held that if the translation requirement applies to recalls, it must also apply to initiatives and referendums.

However, the 9th Circuit last month vacated the panel's decision the legal effect being as if the ruling had never been issued until the entire 11-member appeals court hears the case June 22.

The article is here.

Posted by Randy Riddle at May 23, 2006 04:18 PM