Tag Archive | "Court"

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Two Sacramento Co-Op Members Ask Court to Make Board Follow The Bylaws

Posted on 03 July 2011 by Sam Sac

Two Co-op Members have taken legal action to get the Board of Directors of the Sacramento Natural Foods Co-op to put two member initiatives on the upcoming Co-op ballot.

“We have followed the Co-op Bylaws to the letter but the Board is refusing to follow them,” said Maggie Coulter, who sponsored the Human Rights Initiative, filed in January. “This action is not against the Co-op, it is directed at the Board. We are hoping that the Board will respond by doing what they Bylaws tell it to do: put these initiatives on the ballot and let the Co-op members vote on them.”

The initiatives were submitted to the Co-op Board earlier this year with more than the required number of signatures to put them on the ballot, explained Coulter. The Board has thus far refused to put them on the ballots, which are scheduled to be mailed August 20

“The Board has acted unethically and undemocratically,” said Robin Kristufek, the sponsor of the Restore Co-op Democracy initiative. “They have also put out gross misinformation about these initiatives and the members who support them. The Board claims we are outsiders, but many of us are long-term members of the Co-op who joined because we believed that by being member-owners, we would have a say in the products our store carries and in the values it stands for. The Co-op Board is now denying our Bylaw-given right to participate in decision-making about which products are stocked. They are denying our right to express our values through such decisions.”

“As an initiative sponsor, I feel a moral obligation to try to restore members’ rights to put initiatives on the Co-op ballot,” said Coulter. “If this Board gets away with violating our Co-op’s Bylaws, then the fundamental principles of member control and democracy are gone. That means we don’t have a co-op any more.”

The Human Rights initiative would allow Co-op members to vote on whether they want to support Palestinian human rights by having the Co-op stop carrying Israeli products until Israel stops violating those rights. Many members have strong views on this issue, acknowledges Coulter, but it is not for the Board to decide, it is up to Members.

“The Board has been sending out emails and even mailed a letter to members with Co-op funds attacking the initiatives and their proponents,” explained Coulter who has been a member of the Co-op since the mid 1990s. “This is part of their ongoing campaign against these legitimate measures. The Bylaws forbid them from using Co-op money to campaign. We urge Co-op members and people in the community to get the facts about these initiatives and the Board’s actions by going to our website, www.coopdemocracy.org.”

Attorneys from the National Lawyers Guild helped the Initiative sponsors file the action. “The National Lawyers Guild believes people should have the right to speak about all issues. We brought this action to educate the Co-op Membership about the Israeli/Palestinian conflict, and question why the Board won’t allow the Co-op Membership to decide this issue for itself,” said Petitioners’ attorney, Sharon Adams.

“There is a growing movement in the United States to support Palestinian human rights as Israel continues expanding West Bank settlements and imprisoning the people of Gaza,” said Carlos Villarreal, Executive Director of the National Lawyers Guild, San Francisco Bay Area Chapter. “In this context, it is shameful that the Board of Directors of the Co-op would seek to thwart one aspect of that movement by refusing to allow a Human Rights Initiative proposed by Co-op members on the ballot for a vote by the Co-op Membership.”

The Co-op Bylaws state that a proposed action must be placed before a vote of the members if 100 members sign petitions requesting it, explained Coulter. Over 250 co-op members signed petitions to put the Human Rights Initiative on the ballot. In April, the Board refused to put it on the ballot and then dismissed a grievance filed by proponents. Over 170 signed the Restore Co-op Democracy initiative; on June 7, the Board refused to put that initiative on the ballot as well. A grievance has been filed but the Board has not acknowledged or responded to it.

Although it did not put the member’s initiatives on the ballot, the Co-op Board has approved putting two of its own proposed Bylaws amendments on the ballot. One would prohibit the Co-op from making any purchasing or any other decisions related to “political opinion” or “national origin”.

“This amendment would prevent the Co-op from participating in any boycotts, including those that support, labor, social justice, environmental, or other concerns,” explains Coulter. “The fact that the Board has put this proposed amendment on the ballot is an acknowledgement that the current Bylaws do allow for Boycotts.”

“It would also prohibit any affirmative purchasing decisions including supporting small local farms by buying products from them even though they cost more than the same products from large corporate farms,” continued Coulter. “It would basically prevent the Co-op from making any purchasing or other decisions that reflect its values.”

The other amendment is a revision to correct inadequate language in an amendment passed last year to allow the Co-op to sell stock (preferred shares). Although the purpose for the shares is not specified, it is speculated that the Board may be intending to use them to relocate the current store or add another store. The Co-op lost over $3 million when its second store in Elk Grove failed in January 2007 after being open for only 18 months.

The initiatives the group seeks to put on the ballot are anti-Israel initiatives that would ban the sale of products made in Israel.

Popularity: 8% [?]

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Supreme Court ‘Free Speech’ Decision re: Roseville Galleria

Posted on 01 November 2010 by Sam Sac

The American Civil Liberties Union (ACLU) Sacramento County chapter said this week it strongly supports the recent California Supreme Court decision determining that the Westfield Galleria Mall’s rules restricting speech among strangers are a violation of free speech, and thus, unconstitutional.

Shopping centers can and should adopt written “reasonable” rules and regulations for free speech activity, said Reiger. The standard for what is a “reasonable” shopping center rule is the same as the standard for the government regulating speech in a public forum-the rule must be content-neutral and narrowly tailored to leave open alternative avenues of communication.

“Clearly, the mall overreached its authority to restrict speech to only matters related to the mall. It was nonsensical to, in effect, tell people they can’t even talk about the weather if it doesn’t relate to the mall.”

- Debra Reiger, chair of Sacramento ACLU Board of Directors.

Reiger pointed out that the court decision upholds two important rights the ACLU consistently fights to support: the right to speak freely in public spaces, including shopping malls, and the right to speak publicly about religious beliefs, including Christianity.

However, said Reiger, Westfield Galleria rules prohibiting all speech between strangers on matters unrelated to the mall were neither content neutral nor narrowly tailored. These rules were not content neutral because they favored speech in the interest of the Galleria and disfavored all other speech. In addition, whatever interests the Galleria had in favoring that speech, the rules were not narrowly tailored to meet those interests.

The case came about when a youth pastor talked to others at the mall about his faith. Security officers order him to leave, and later arrested him. All charges were dismissed by the district attorney. He sued, claiming his civil rights were violated. The Superior Court ruled against the pastor, but an appellate court agreed his rights were violated. The state Supreme Court refused to overturn the Appellate Court.

Popularity: 12% [?]

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Sacramento Kings – The Greatest Show On Court

Posted on 09 June 2010 by Sam Sac


A tribute to the glory years of the Sacramento Kings. Enjoy! NOTE: This is not my creation. Thanks to the good soul that beautifully captured the magic of the Sacramento Kings.

Popularity: 11% [?]

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