J.A.I.L. News Journal
Los Angeles - November 20,
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Partnership - Fascism Pure & Simple
Every so often the good guys win one. This
is one of those times!!! This is a direct hit at the public/private partnership
(better known as
FASCISM). Every single public/private partnership
maneuver should be shot down and the legislators who promote such efforts should
be exposed for what they are - fascists.
Government has no business being in business -
any business. There is no place in the Constitution allowing for such
misadventure. .... *
Juntti - WGEN idzrus@...
out Narrows Bridge contract over toll issue
By HUNTER T. GEORGE
11/9/00 12:44 PM
OLYMPIA (AP) -- The Washington
Supreme Court on Thursday overturned the state's contract with a private
firm that would have used tolls to pay for a second bridge over the
congested Tacoma Narrows.
The nine-member court unanimously agreed the
project violates a 1961 law that banned tolls from the
existing bridge. The court also ruled that the state exceeded
its authority by giving a private entity the ability to set
The ruling was a victory for Gig Harbor-area residents
who have been desperately trying to block the project on the grounds
they would end up paying the most for it.
"I think the fact it's a
unanimous ruling only verifies the strength of our case," Randy Boss, a Gig
Harbor real estate agent who has been one of the project's most
vocal critics, said as his phone rang off the hook with people calling
to congratulate him.
The ruling was a major setback for the state, which
has clung to the project as the last gasp for a law that
sought private financing for expensive public transportation
Backers had hoped to clear all legal hurdles this year
so that bonds could be sold as early as next month and construction
could begin soon after.
State officials were reviewing the decision and
had no immediate comment.
The project is expected to cost more than
$800 million in construction, financing and contingency charges.
Peninsula Neighborhood Association challenged the project from its
inception under a 1993 law that authorized state Transportation Secretary
Sid Morrison to "test the feasibility" of finding private financing for
expensive public transportation projects.
The state Transportation
Commission hired a construction firm, United Infrastructure Washington, to
build a new bridge, modify the existing bridge and operate and
maintain the pair. Under the agreement, UIW would sell bonds
to finance the project and then repay the bonds and earn
a yet-to-be-determined profit by charging a round-trip toll across one
of the bridges. The initial toll was to be set at $3.
neighborhood group sued in July 1999, arguing that the Public-Private
Initiative Act was unconstitutional and accusing the DOT of violating
In January, Thurston County Superior Court Judge
Daniel Berschauer dismissed the challenge, saying the law
was constitutional and the contract the state signed with UIW was
valid. The neighborhood group appealed.
On Thursday, the Supreme Court
rejected the group's claim that the Public-Private Initiative Act
But the high court agreed the project is at
odds with the 1961 law declaring that the Narrows Bridge would be
a "toll-free facility" once its construction debt was paid off. The
debt was repaid in 1965 and the toll came off.
"Because the agreement
allows for the imposition of a 'round trip' toll rate that is set,
adjusted, and retained by WSDOT, it violates the statutory mandate that the
existing Tacoma Narrows bridge be toll free," Chief Justice
Richard Guy wrote for the court.
Even if the existing bridge were
allowed to have a toll reimposed, Guy added, the state transportation
agency exceeded its authority by agreeing to let a private
entity determine the toll rate on the existing bridge.
gives toll authority to the Transportation Commission, a citizen panel that
oversees the agency, he said.
The state attorney general's office
had argued that the Public-Private Initiatives Act should supersede
earlier statutes, including the one declaring that the existing bridge
would be operated toll-free.
The state said the law did not prohibit it
from undertaking a new project that would be financed through
On the Net:
The decision in Peninsula Neighborhood
Association v. State Department of Transportation, case No. 69432-0,
can be found at:
* The above is not sent to you so much for
information about a bridge in Washington State, but to alert our readership
about the Public/Private Partnership which is overtaking our nation. Near every
public service is going to private corporations, such as Child Protection
Services, Parking Violations Bureaus, Private Judicial Adjudications, etc. As
Jackie Juntti correctly points out, government has no authority to go into
business. These services must either be open to free competition that anyone and
everyone may conduct the business, or it be handled by government without
profit. It cannot be government with any sort of profit motive. This is a very
subtle form of fascism. It leads to unelected stockholders governing the nation
with only one criterion - PROFIT. They make the laws, they enforce the laws, and
they profit from it going in and going out, and Constitutional implications
has no bearing or control. Thus, we are headed to "government" without
Constitutional bounds brought to you only by cooperative courts! Only
J.A.I.L. will stop this descent into Fascism.
J.A.I.L. is an acronym for (Judicial Accountability Initiative
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"..it does not require a majority to prevail,
but rather an irate, tireless minority keen to set brush fires in people's
minds.." - Samuel Adams
"There are a thousand hacking at the branches of
evil to one who is
striking at the
-- Henry David Thoreau