FOR IMMEDIATE RELEASE
ALLENTOWN – Four members of Petitioners’ Committee for the Allentown Clean Air Ordinance initiative, also members of Allentown Residents for Clean Air (ARCA), filed suit in the Lehigh County Court of Common Pleas today to require the Lehigh County Board of Elections to put the initiative on the November ballot, as required by the Allentown Home Rule Charter.
They filed a mandamus action, a type of suit requiring the government to do their job when their duties are mandatory and the plaintiffs have a clear legal right. The suit cites the Allentown Home Rule Charter’s language that states that the city council “shall submit the proposed or referred ordinance to the voters of the City” if they do not vote to pass the ordinance themselves. On June 19, City Council voted to table the ordinance, forgoing to pass it within the 60 days they had to do so.
Here is the latest news on our Clean Air Ordinance. The Lehigh County Commissioners are looking into the appeal process for ARCA to appeal the Lehigh County Elections Board’s rejection of our ordinance. Stay tuned.
Thwarted clean air law advocates appeal to Lehigh County commissioners
“This is a real crisis of democracy,” said county resident Al Wurth, a political science professor at Lehigh University in Bethlehem. “The cancellation of an election is not something I thought I would read about in this country, much less my home county.
“I’m very concerned as a citizen of Lehigh County that the county is usurping Allentown’s sovereignty.”
“I share your concerns,” said Commissioner Michael Schware, who resides in Allentown. The process is deeply flawed, said Commissioner Vic Mazziotti. Wurth called on county commissioners to tell the election board to reconsider its decision and let city voters decide whether the air pollution ordinance should become law. But Commissioner Scott Ott, who chaired the meeting, said the commissioners do not have the power to overrule the election board. Ott added: “Do not interpret our desire to follow the law with a lack of sympathy for your cause.” Commissioners have asked the county’s lawyers to look into whether election board decisions can be appealed. They also hope to get a clear explanation from the election board about why it rejected the ballot initiative.
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