Newsroom Archives by Month: May 2015

Police report, eyewitness testimony documents harassment of citizens by Eyman petitioners

Rethinking and ReframingStatements & Advisories

With Tim Eyman and his associates said to be winding down the signature drive for I-1366, Eyman’s most destructive initiative yet, NPI’s Permanent Defense has been reviewing anecdotes submitted by citizens and activists regarding their experiences with petitioners during the I-1366 signature drive.

One incident in particular drew our attention, because it illustrates that there have been and continue to be occasions where petitioners have needlessly instigated conflict with citizens by behaving inappropriately.

During the week of April 19th-25th, two petitioners most likely on the payroll of Tim Eyman and his associates selected a Trader Joe’s in Kirkland, Washington, to solicit in front of. Their objective was to intercept shoppers entering and exiting the store and get them to sign Tim Eyman’s I-1366.

Eyewitness Bob Osrowske, a resident of Kirkland who contacted NPI to report his experiences, first saw the petitioners on the afternoon of April 20th, as he was going into Trader Joe’s, around 3:20 PM. He described the older of the pair, later identified by the Kirkland Police as Robert A. Blaska, as “quite aggressive”.

During this initial encounter, Osrowske asked if I-1366 was sponsored by Tim Eyman; he recollected the younger petitioner, later identified by police as Devin M. Fox, responding by asking, “Who’s Tim Eyman?” and claiming it was merely “a conservative initiative”.

Osrowske, who correctly suspected that I-1366 is in fact a Tim Eyman initiative, declined to sign the petition and continued into the store.

Two days later, on Wednesday, April 22nd, Osrowske was again on his way into Trader Joe’s to get groceries, and witnessed Blaska and Fox intercepting shoppers in front of the store for a second time.

“They were the worst-behaved signature gatherers I’ve encountered so far,” Osrowske told NPI. “They’d get in a person’s face to get a signature, or challenge you if you had a different opinion. Courtesy was not a part of their vocabulary.”

When Osrowske came out of the store, at about 1:20 PM, Officers Karp and Miller of the Kirkland Police Department had arrived to confront Blaska and Fox after receiving a 911 call at 12:38 PM from another individual.

The police report obtained by NPI from the City of Kirkland states that the call was precipitated by the presence of “harassing solicitors outside Trader Joe’s” who were “trying to get signatures for lowering taxes”. The subjects were described by the complainant as “rude and forceful”, with one being more aggressive than the other.

Officer Karp’s narrative describes what happened next:

Robert A. Blaska (born 82) refused to move his petition table from obscuring the exit and wheelchair ramp at Trader Joe’s. We also had several complaints of him cursing at patrons. He was trespassed for one year and his partner Devin M. Fox (born 92) remained.

The incident was subsequently logged by the Kirkland Police Department as #2015-00016270.

Unfortunately, the kind of harassment that Bob Osrowske and other Trader Joe’s shoppers had to put up with that week last April is not uncommon.

Grocers and other retailers have documented many instances where petitioners have blocked store entrances and gotten in the faces of patrons. In some of these instances, the police have been summoned, as they were in Kirkland on April 22nd, because the petitioners refused to behave respectfully.

A panel organized by the Washington Food Industry Association and the Northwest Grocery Association spoke to the Senate Government Operations & Security Committee about problem petitioners at a now-infamous hearing on SB 5375 on February 5th, which was abruptly ended by committee chair Pam Roach following an exchange between vice chair Don Benton and ranking member Marko Liias.

Prior to the committee’s sudden adjournment, Republican and Democratic members of the committee spoke to some of their own experiences with aggressive petitioners during a Q&A with the panel. (The hearing can be watched on demand via TVW).

“Tim Eyman has repeatedly portrayed petitioners as the victims of harassment, but as this incident and others show, there have been many times when petitioners were the perpetrators and citizens the victims,” said NPI founder and executive director Andrew Villeneuve.

“Unfortunately, in Washington, as in many other states, it is legal to pay petitioners by the signature, which means petitioners have an incentive to be aggressive. If they can corner people and get them to sign, they make more money. Plenty of people will sign a petition just to get a confrontational signature gatherer to quit bothering them.”

“It’s definitely time for our state’s executive and legislative branches to act to clean up Washington’s underground petitioning industry. People who are being paid to gather signatures aren’t merely exercising their First Amendment rights — they’re doing a job. Their employers should be following all of our state’s worker protection laws, and ensuring they get training so that they understand how to behave appropriately when they are out collecting.”

Larry Haler’s House Bill 2255 lives on as an initiative to the people

Legislation & TestimonyRethinking and ReframingStatements & Advisories

In response to Republican State Representative Larry Haler’s disappointing decision to withdraw House Bill 2255, legislation that sought to replace Tim Eyman’s I-747 with a more sensible property tax policy, NPI founder and executive director Andrew Villeneuve today introduced the bill as an initiative to the people to ensure that the proposal will live on and be easily accessible for public discussion and comment.

“We wish Larry Haler had stood behind his bill,” said Villeneuve. “Since he’s chosen to pull it and neither of his Democratic cosponsors wanted to take it over, it’s been erased from the Legislature’s website – as if it never existed. To ensure that it remains accessible, NPI has transformed it into an initiative to the people. The only change we’ve made is to add an intent section. Otherwise, we’ve left the bill as it was.”

Anyone doing a bill-specific search for HB 2255 now sees an error when putting in that number, due to the bill having been withdrawn. A broader search of the Legislature’s website will turn up information pertaining to bills with the same number from other years. The bill’s text stayed up leg.wa.gov for a while longer, but now it’s gone, too.

This morning, Tim Eyman sent out an email to his followers and the media crowing about the bill’s demise and taking credit for having intimidated Haler into withdrawing the bill. Eyman, of course, stands to benefit if Washington State’s tax code remains broken and regressive: it ensures that there will be grist for future initiatives from his mill.

But what’s good for Tim Eyman isn’t good for Washington State.

“We are long overdue for meaningful action to fix our broken tax code,” Villeneuve said. “If Republicans who are in a position of responsibility wish to be part of the solution instead of being part of the problem, then they need to declare their independence from Tim Eyman and demonstrate a willingness to work with Democrats on reform.”

“We were encouraged when Larry Haler introduced HB 2255, and just as equally disappointed when he folded under pressure and pulled it. He could have set a good example for his party and done the people of Washington an important service by standing up to Tim Eyman. Eyman may not want to admit it, but Washington’s essential public services – from schools to mental health services to parks to ferries – are woefully underfunded and reliant on the nation’s most regressive tax system for the little money they are getting.”

“How many more times is the Legislature going to take the lowest road and pass a budget that relies on accounting gimmicks, fund transfers, and other trickery to paper over the worsening structural problems we’ve got?” Villeneuve asked.

“And for how much longer are county and city leaders supposed to scrape by under I-747, the Death-By-A-Thousand-Cuts Initiative? Washington’s public services are one of its greatest assets, and we should be protecting and strengthening them… not allowing them to waste away under an ill-conceived Tim Eyman initiative.”

The transformed text of House Bill 2255 is available from the Secretary of State’s website. The just-filed initiative will eventually receive a ballot number, title, and summary, once the text is finalized.

Eyman’s I-1366 aims to lock in Washington’s broken tax code… permanently

Rethinking and ReframingStatements & AdvisoriesThreat Analysis

With Washington State’s regular legislative session now disappearing into the rearview mirror, initiative promoter Tim Eyman has once again turned his attention to aggressively hawking his latest and most destructive scheme yet: Initiative 1366, which he is attempting to qualify to the November ballot with the help of Vancouver developer Clyde Holland’s deep pockets.

I-1366 would wipe out around $1 billion a year in funding for our schools, universities, and other vital public services unless, by next April, the Washington State Legislature overturns the Supreme Court’s League of Education Voters decision by passing a constitutional amendment to require a two-thirds vote to raise revenue. It’s Ted Cruz-style blackmail.

Either outcome of I-1366 would be disastrous for Washington State.

“I-1366 is a mean-spirited, incredibly destructive initiative that represents an all-out attack on the values that Washington was founded on,” said Northwest Progressive Institute founder Andrew Villeneuve.

“Eyman’s aim is to force lawmakers to permanently sabotage Article II, Section 22 of our state Constitution, to transfer power over key budgeting decisions from the many to the few. Were that to happen, our state’s broken tax code – which is ranked as the nation’s most regressive – would be permanently locked into place. The fate of any tax reform proposal could be perpetually dictated by just one faction of one political party on one side of the Dome, resulting in gridlock and paralysis.”

“And if lawmakers refuse to do as Eyman demands, then his initiative would blow a huge hole in the state’s operating budget, wiping out around $1 billion a year in funding for vital public services like our schools,” Villeneuve added.

“School funding in Washington State is already so low that lawmakers are under a court order to raise it. Eyman’s I-1366 would destroy all the progress that’s been made to date towards complying with McCleary, and then do much more damage on top of that. I-1366 is unconscionable as well as unconstitutional.”

Counting $250,000 in loans he has taken out against his home, Eyman has raised nearly $900,000 for I-1366 to date, according to reports filed with the PDC.

A third of that sum has been provided by Clyde Holland ($300,000). Another $100,000 was donated by longtime Eyman patron Kemper Freeman Jr. of Bellevue, who owns the Bellevue Collection (Bellevue Square, Bellevue Place, Lincoln Square) and ranks behind only Michael Dunmire as Eyman’s top benefactor.

Petitioners are out collecting signatures for I-1366 now. Reports submitted by activists to NPI’s Permanent Defense following their encounters with petitioners document that petitioners – like Eyman – are falsely advertising I-1366 as a revote on the two-thirds vote requirement struck down by the Supreme Court in League of Education Voters (2013).

I-1366 is really a hostage-taking scheme conceived by Eyman to force Democratic lawmakers to vote to overturn the LEV decision.

Eyman needs their cooperation because, contrary to what he says in his emails and on his petitions, he doesn’t have the power to put a constitutional amendment before the voters. Only the Legislature has that power.

Unlike in other states, Washington’s Constitution cannot be amended by ballot initiative, only by a properly-submitted constitutional amendment. The Constitution explicitly states that all amendments must originate in the Legislature. And ironically, before they can be placed on the ballot for consideration by the people, they must receive a two-thirds vote of each house to pass.

Eyman doesn’t have the votes, which is why he’s resorting to blackmail. Getting two-thirds of the Legislature to agree on anything, even small matters, is often difficult to do, particularly in the polarized times we live in.

Eyman knows that I-1366 would fail if he was truthful about his intentions, which is why he is falsely advertising it, as he did with I-1366’s predecessor I-1325 last year.

Eyman’s emails, whether about I-1366 or another subject, are frequently chock full of misinformation and fudged numbers, while lacking in context.

Reporters, editors, producers, and editorial writers are advised to avoid using any Eyman email to source information for a story, column, or editorial.

A debunked version of the email that Eyman sent Monday is available from Permanent Defense’s website.

Anatomy of a Tim Eyman email: Sound bites based on lies, fudged numbers, and missing context

Rethinking and Reframing

Yesterday morning, Tim Eyman sent out another one of his misinformation-laden missives, ending, as always, with an exhortation to send money to his campaign coffers. On occasion, we fisk and debunk Eyman’s emails to demonstrate that Eyman is not a reputable or trustworthy source of information.

We’re going to do that again today.

This post will examine what is in Eyman’s email (sound bites based on lies, fudged numbers) and what is not (missing context).

Let’s get started.

Sound bites based on lies

EYMAN ARGUMENT: “The 2/3 policy is a shield that protects everyone. United we stand, divided we fall.”

REALITY: Requiring a two-thirds vote to raise revenue is undemocratic, goes against the values that our state and country were founded on, and results in the few having power over the many, as this pictogram explains:

Democracy requires that decisions be reached by majority vote
Democracy requires that decisions be reached by majority vote

Washington has repeatedly been ranked as having the nation’s most regressive tax system. It’s regressive because those with the least pay the most in taxes as a percentage of their income, while those with the most pay the least. That’s backwards.

The effect of requiring a two-thirds vote to raise or recover revenue for the state treasury is to lock this regressive system into place, removing the legislative process as an avenue for tax reform. That’s the only thing Eyman’s initiatives actually protect. We all ultimately lose – not win – when majority rule is taken away.

Past initiatives to sabotage majority rule, particularly I-1053 and I-1185, were financed by big oil companies, Wall Street banks, and trade groups that have a vested interest in keeping Washington’s broken, outdated, and regressive tax system the way it is.

EYMAN ARGUMENT: “The 2/3 vote requirement for higher taxes protects all of us — individuals and businesses — from Olympia’s insatiable tax appetite.”

REALITY: Olympia is a city, not another name for the Washington State Legislature.

The people of Washington do not need to be protected from their own representatives. Washington is a democracy; the people are in charge and have the power to hire and fire all one hundred forty-seven members of the Legislature, as well as the governor, the executive department, and the justices of the Supreme Court, at regularly-held elections and special elections in case of a vacancy.

Contrary to what Eyman claims, the Legislature rarely votes to raise taxes, even when the Constitution’s Article II, Section 22 (which requires a majority vote for passage of bills) has been followed. Most bills introduced in the House or Senate to raise or recover revenue for the state treasury never become law.

The Legislature’s failure to fix our broken, outdated tax system is negatively impacting our economy and our way of life. Washington currently ranks thirty-fifth in the nation when our state and local taxes are compared to those of other states. That means a majority of states in the Union are investing more than we are in their public services.

All Washington households and businesses rely on our state’s public services – schools, ports, libraries, parks, police, fire, paramedics, hospitals, universities, roads, transit – every day of every year. Our public services are the foundation of our economy, and it is important that we strengthen them, not underfund them.

Taxation is the means by which we pool our resources to get things done. There is wide agreement in principle that taxes should be fairly levied, accurately collected, properly deposited, and responsibly spent, which is why the most important duty of our elected representatives is to write and pass a budget. Budgeting decisions should be made democratically, reflecting the will of the people of Washington. Requiring a two-thirds vote for some budgeting decisions but not others is undemocratic and violates the values our state was founded on.

EYMAN ARGUMENT: “It is critical we get the 2/3-For-Taxes Constitutional Amendment Initiative on the ballot… Voters deserve the chance to put the 2/3 protection in our state Constitution.”

REALITY: There is no such thing as a constitutional amendment initiative – it’s a fiction created by Eyman. In Washington State, all constitutional amendments must originate in the Legislature. The Constitution cannot be amended by initiative.

I-1366 would not change the Washington State Constitution if enacted. What it actually does is cut the state sales tax from 6.5% to 5.5%, resulting in the loss of a billion dollars a year from the state treasury, if the Legislature does not adopt a constitutional amendment to overturn the League of Education Voters decision.

Fudged numbers

Eyman’s email touting his successes consists of numbers that are blatantly inaccurate and inconsistently rounded.

EYMAN CLAIM: ” In 2012, during that high turnout presidential year, our 2/3 initiative passed with 2/3 approval: 1.9 million voters.”

REALITY: Had I-1185 been required to pass by its own two-thirds standard, it would have failed. Two-thirds is equivalent to 66.67%; I-1185 did not receive that level of support. See the actual numbers on the Secretary of State’s website.

EYMAN CLAIM: “In 1999 (and ever since), 56% of voters approved lower car tabs but everyone’s car tabs were reduced, even the 44% who voted no.”

REALITY: Here Eyman is referring to I-695. It received a 56.16% yes vote/43.84% no vote in a local election year in which voter turnout was 57%. King County, the state’s largest, voted the initiative down, as did San Juan and Whatcom counties. Following the election, I-695 was struck down as unconstitutional by the Washington State Supreme Court, and later reinstated by the Legislature.

EYMAN CLAIM: “In 2001 (and ever since), 58% of voters approved a 1% limit on property tax levy increases but everyone’s property taxes were limited, even the 42% who voted no.”

REALITY: Here Eyman is referring to I-747. It actually received a 57.55% yes vote/42.44% no vote in a local election year in which voter turnout was 44.51%. King County, the state’s largest, voted the initiative down, as did Whitman County in eastern Washington. Several years after the election, I-747 was struck down as unconstitutional by the Washington State Supreme Court, and reinstated shortly afterwards by the Legislature.

EYMAN CLAIM: “In 2007, 2010, and 2012, huge majorities of voters approved the 2/3 protection but everyone was protected afterwards, even those who voted no.”

REALITY: Eyman’s I-960, the 2007 initiative, did not get a “huge majority”. It passed in a local election year with 51.24% of the vote; 48.76% voted no. And it’s worth noting that voter turnout in the 2007 general election was just 50.04%. Barely half of the state’s registered voters participated in the election.

It is fair to say that large majorities voted for I-1053 in 2010 and I-1185 in 2012. However, those initiatives were not met with the kind of early, organized opposition they should have faced. Only $98,016.26 was spent against I-1185 in 2012, and of the $1,638,970.66 spent against I-1053 in 2010, the vast majority of contributions and expenditures (90%+) came at the end of the campaign, in October, when voting had begun and when it was getting late to influence the outcome.

Missing context

Eyman’s email fails to mention any of his failures and thus does not accurately present his record. Voters have rejected a number of Eyman schemes to gut funding for public services, mess with transportation policy, and allow electronic slot machines outside of tribal reservations. Eyman’s defeats at the ballot include the following:

  • I-745 in 2000
  • I-892 in 2004
  • I-985 in 2008
  • I-1033 in 2009
  • I-1125 in 2011
  • I-517 in 2013

Additionally, most of the Eyman initiatives that have been passed by voters have been struck down by the Supreme Court in whole or in part as unconstitutional, including I-695 and I-747 (previously mentioned).

For more details, see Tim Eyman’s Failure Chart.

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