SACRAMENTO, Calif., Jan. 19 /PRNewswire/ -- The Libertarian Party of
California has joined in a lawsuit to overturn Proposition 10, the tobacco tax
initiative narrowly approved by voters last November.
The party filed a letter brief in California Supreme Court today in
support of the original complaint filed on January 4th by the California
Association of Retail Tobacconists (CART), a coalition of over 100 tobacco
businesses.
"The issue is very simple: this initiative violates the California
Constitution," declared Libertarian state chair Mark Hinkle. "Despite the
noble intentions put forward by the initiative, the people of California have
been sold a rotten bill of goods. It deserves to be overturned."
The initiative took effect January 1st and raised state taxes on
cigarettes by 50 cents a pack to pay for a new state commission, the
California Children and Families First Commission, as well as county
commissions in all 58 counties. These commissions will develop programs
related to early childhood development.
According to the lawsuit, the initiative violates the state Constitution
in two ways: the new tax money pays for programs that have nothing to do with
smoking and thus violate a constitutional provision that limits initiatives to
a "single subject"; and the measure creates agencies outside the control of
the governor and the legislature, violating another constitutional provision.
In its brief, the party states its support of these arguments and
concludes, "Proposition 10 is unconstitutional and should be stricken in its
entirety." The brief goes on to add, "An immediate stay would protect against
the irreparable harm of constitutional violation to the Libertarian Party, its
members and the entire taxpaying public of California."
In explaining the party's actions, Hinkle was careful to point out that
the party isn't trying to curry favor with the tobacco lobby.
"Let me make one thing clear," stated Hinkle. "The Libertarian Party
is not affiliated with the tobacco industry, and our actions in
supporting this lawsuit do not imply that we condone tobacco or smoking.
Nor do we oppose the concept of early childhood development when
undertaken by families.
"But when a law so egregiously tramples on individual liberties by
grossly increasing the size of government and imposing a regressive,
burdensome tax that is hurting the poor, promoting black market crime,
and unjustly targeting small businesses, action must be taken."
Interestingly, yesterday's San Francisco Chronicle reported that Governor
Gray Davis made a deal with former Governor Pete Wilson that would allow Davis
to appoint actor-director Rob Reiner head of the state agency created by the
initiative. Reiner, who was the main proponent behind Prop. 10 and
contributed $1 million to help the measure pass, would thus control the
estimated $700 million per year generated by the tobacco taxes.
The Libertarian Party of California took an official position against
Proposition 10 last fall.
