Category Archives: Press Release

Nuclear Parts Ballot Access Court Case

Kansas City Peace Planters

August 31, 2011

Contact:

Rachel M. MacNair, Ph.D. (Plaintiff in the lawsuit),

Phone: (816) 753-2057

Ann Suellentrop, (913) 271-7925

KC Peace Planters would like to thank all the parties involved in its pending suit on ballot access for the courteous manner in which they have handled a difficult situation and issue.

According to Rachel MacNair, petition coordinator and Plaintiff in the legal case: “Our differences of opinion about the issue of nuclear weapons are great, but in a rare display of civility in our seemingly ever-too-contentious society, we were able to dialogue candidly with the parties and share important information.”

The group has reviewed certain documents provided to it by the interested parties today. The documents are classified as “sensitive” by the Federal Government, and are, therefore, subject to dissemination restrictions.

Based on a review of the documents, KC Peace Planters has concluded that even if they were to prevail in the action currently pending in the Jackson County Circuit Court, all parties involved would necessarily be embroiled in litigation for the foreseeable future.

MacNair explained: “Of course, litigation is not the group’s intent. Our intent is to be active in the legislative process in a constructive way. We believe we can impact society more positively in the months and years ahead if we are able to focus our energy and resources on peace initiatives, rather than litigation that may be framed by pre-existing contracts.”

To that end, the Committee of Petitioners is dismissing the Petition for Writ it filed in the Jackson County Circuit Court August 26, 2011. Future plans are still in preparation and will be announced when they are ready.


Judge has granted a temporary order in our favor

Press Release

Kansas City Peace Planters

Third one of August 26, 2011

(after 4:30 PM)

Contact:

Rachel M. MacNair, Ph.D. (Plaintiff in the lawsuit), Phone: (816)753-2057

Ann Suellentrop, (913)271-7925

On the petition for “Production of Nuclear Weapons Components Prohibited,” Judge Edith Messina has granted us an order to put our measure on the ballot — a “Preliminary Writ of Mandamus.” Being preliminary means that the hearing already scheduled for next Monday will determine whether it will become permanent, but it also means that the City Council has to defend its actions because the default position is with the petitioners. It is not simply a two-sided matter where each side presents its case and gets equal consideration.

The hearing is scheduled for Monday, August 29, 2011, at 9:30 am, Division 12, 5th Floor, Jackson County Courthouse

The final paragraph of the judge’s order states: “NOW THEREFORE, we being willing that justice be done in this behalf . . . do command and enjoin you, City of Kansas City, Missouri and City Clerk of Kansas City, Missouri, Defendants, that immediately upon receipt of this Writ, you shall submit [the proposed ordinance] to the electors at the next available municipal or state election, or that you appear before the Jackson County Circuit Court in Kansas City, Missouri on the 29th day of August, 2011, at 9:30 o’clock am to show for your refusal to do so.”


Nuclear Parts Opponents File Court Suit for Ballot Access

Kansas City Peace Planters

August 26, 2011

Contact:

Rachel M. MacNair, Ph.D. (Plaintiff in the lawsuit), Phone: (816)753-2057

Ann Suellentrop, (913)271-7925

At its regular legislative session August 25, the City Council voted (with only one dissenter) to keep the initiative petition entitled “Production of Nuclear Weapons Components Prohibited” off the ballot. Accordingly, we are filing today with the court for a Writ of Mandamus to safeguard our rights as citizens according to the City Charter to have it put on the November 8 ballot.

All legal requirements were met:

May 12 – almost 5,000 Kansas City Missouri signatures turned in

May 26 – official verification of sufficient number of signatures: 4,389 verified when 3,572 were required

June 16 – as expected, City Council voted against an ordinance based on the petition; this is a required part of the process to be done before placing a measure on the ballot

June 24 – petitioners file the request with the Clerk that requires the measure be put on the ballot

The Council has had two full months for the Charter’s requirement of passing an ordinance directing the Election Board to place the measure on the ballot. The deadline for certification for the November 8 ballot is August 30. Waiting until the last possible time allows the court only five days, two of which are a weekend, to consider the case. While the letter of the law is fulfilled in the timing, the spirit of democracy and proper deliberation is not. We believe this timing is an unfair power play.

Today’s ordinance to keep the measure off the ballot claims that the measure is unconstitutional — but the City Charter is the constitution of the city, and its terms are being violated by this action. The Charter clearly states that initiatives with sufficient signatures shall be placed on the ballot at the next available election.

The reason that it is the courts who are charged with the duty of determining constitutionality of any laws passed is that they have hearings in which both sides present their cases, being listened to by people well trained in the legal precedents and previous arguments. If councilmembers had a sincere concern on the question of constitutionality, the proper procedure would have been to ask the court for a Declaratory Judgment. If a party to a dispute can decide the dispute in its own favor while ignoring its own Charter, then the very purpose of the initiative petition process in upholding democracy is being sabotaged.


City Council Moves to Strike Citizens’ Initiative from Ballot

City Council Moves to Strike Citizens’ Initiative from Ballot:
Resolution No. 160602, To Stifle Public Debate on Nuclear Weapons Manufacturing

Contact: Dr. Rachel MacNair
Phone: 816-753-2057
E-mail: rachel_macnair@yahoo.com

Kansas City Peace Planters* met requirements for the City Council to place their initiative petition on the ballot, according to the requirements of the City Charter. The initiative petition proposes to ban production of nuclear weapons components in Kansas City and in its place promote jobs in renewable energy. Six Council members – John Sharp, Scott Taylor, Dick Davis, Cindy Circo, Jan Marcason, Scott Wagner, Jermaine Reed – along with Mayor Sylvester James Jr. – have sponsored a Resolution to prevent the initiative petition from reaching a city-wide vote. The Resolution cites issues of constitutionality relating to federal authority on nuclear weapons policy. “The City Council is not the correct forum to make a decision about the constitutionality of an initiative, for that is a decision reserved for Courts,” says Henry Stoever, attorney, of PeaceWorks KC. Placing a legitimate initiative petition on the ballot is a way to prevent the City Council from “having a monopoly on a vital issue.”

The Resolution endangers public awareness of the manufacture of nuclear weapons, a vital issue concerning government accountability, health and security. Rachel MacNair, Ph.D. believes the city council should be called to question for the leasing agreement designed for the new Kansas City Plant: “It was the city council that put up municipal bonds for a debt that should be financed by US Treasury bonds, and thereby breached the boundary between city and federal jurisdictions. They’re ignoring the strange ownership arrangements they made – yet those unprecedented arrangements are a major issue in this campaign. That point should not be squelched by the very people who caused this financial-involvement problem in the first place.”

Dr. MacNair is not alone in her skepticism. A report released last April by Dr. Robert Civiak, former budget examiner of the Department of Energy’s nuclear security activities at the White House Office of Management and Budget, observed that the National Nuclear Security Administration (NNSA) had made an agreement for a 20-year lease without appropriating funds. To Dr. Civiak, this arrangement was facially unlawful: “NNSA’s commitment to the plant, without having appropriated funds for its construction, violates the U.S. Anti-Deficiency Act.”

If the Resolution were successful and upheld in the court challenge, it will be a missed opportunity to address the health and environmental consequences of manufacturing nuclear weapons. Legacy contamination from operations at the old Kansas City Plant involving beryllium machining is an immediate testament, but the prospect of employing nuclear weapons for a supposed strategic aim would have incalculable effects. Ann Suellentrop of Physicians for Social Responsibility asserts constitutionality takes second place to survival, “Undoubtedly more people have died from the mining, manufacture, testing and waste storage of nuclear weapons than ever died in the bombing of Hiroshima and Nagasaki. The people’s right to survive trumps absolutely everything. We have a right to say NO when our water, air and soil are contaminated by lethal cancer-causing pollution and potential world-wide annihilation.”

This Wednesday, August 17th, many members of the Kansas City Peace Planters will attend the Finance, Governance and Ethics Committee Meeting at City Hall (8:30 AM, tenth floor). They will raise their voices against a Resolution which aims to silence and exclude public engagement on a vital issue.

In the event of passage, court relief will be sought immediately. The group has hired attorney Phil Willoughby, an expert in election law and former member of the Missouri House of Representatives, who is confident that we have a good case for the court to order the citizens’ initiative onto the ballot.

*KC Peace Planters, a coalition, includes PeaceWorks-KC; Physicians for Social Responsibility-KC; East Meets West of Troost; Holy Family, Cherith Brook, and St. Lawrence Catholic Worker Houses; The Recipe LLC; KC’s Loretto Peace & Justice Network; the Social Justice Committee of the Sisters of Charity of Leavenworth; Benedictines for Peace; and Faith-Based Coalition for Peace, Justice & Healing.


Follow

Get every new post delivered to your Inbox.