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.”
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.
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