Gutsick, Heartsick & Disgusted

One morning last week, somebody waylaid me in the post office wondering why I wasn’t at the Monday 22 January Cascade City Council meeting. He went to complain about the sidewalk ordinance. I explained I am gutsick, heartsick and disgusted of trying to do democracy for Cascade—it is a group activity anyway.  Though I noticed for all the threatening, some people in my neighborhood did NOT receive citations for not cleaning their sidewalk. Now, if it would have been my sidewalk…

            A number of people have appeared before council to complain, but we have elected a council with no sense of fairness, so only option seems to be to get a referendum of signatures from all the people in town unfairly burdened by this ordinance. Then present it to a judge after the city assesses us for NOT shoveling. I checked with Small Claims"

1)     The largest possible award is $6,500

2)     A group of homeowners can press charges,

3)     You don’t need a lawyer.

However, I am not going to organize it. I will aid any action homeowners in the town center wish to take, but—repeat—I am sick of trying to do democracy for Cascade. Nobody on city council has much sense of fairness or decency, as they have proven with actions taken across the board, including treatment of the police, the library, passing the tree ordinance, etc, ad nauseam.  

            I recognize a lost cause when I see one. I might as well be productive and make quilts or braid rugs instead of wasting time on Cascade's democracy. 

 

Update on Sidewalk Possibilities

Hearing from the meteorologists that we are back in the El Nino weather pattern, and watching the city pass a more restrictive shoveling ordinance; I called a couple lawyers after X-mas. Sue Hess kindly spent 15 free minutes on the phone discussing the issue and possibilities with me.After I explained the situation: old part of town, sidewalk; newer parts, none. Council created the problem; some developers and homebuilders had to install it; others not. One council even let a couple take theirs out!  While she agreed it was notoriously undemocratic, a legal realist, she pointed out, “You know very well the courts will side with the city.”

Thinking of former mayor Clay Gavin taking a previous council to court for a public violation of the law, I assured her I did. She went on to explain that you need a lot of property owners to join the action, and a “signed petition might help.”

“What about a sort of Old Towne Sidewalk Revolt where nobody shovels?”

“That might work! Only most ordinances provide for assessing the property owner.”

“As does ours, but what if we banned together and took the city to Small Claims Court to get the money back and a ruling?”

“You’d have to check into the specifics; I don’t deal with small claims.” 

I thanked her profusely. Last Wednesday I was called to jury duty, so in the break, I toddled down to Small Claims and got the skinny: 1)     You can have multiple defendants, but the clerk wasn’t sure if there were an upper limit. 2)     Anyone can fill out and file a small claims form online. 3)     Upper limit $ recovery: $6,500. 

Various Cascade citizens have complained to council—most recently Al Reis, but several others. This is Boston Tea Party territory, so if you want your democratic rights, you have to fight for them. I had to hire mine done because the wind had pounded the snow into styrofoam. If you can volunteer not to shovel and be a defendant in a small claims suit, or to sign a petition, write me at keyronmcd@yahoo.com.