Worried over unregistered lobbyists exerting undue influence on the city, Cupertino Mayor Darcy Paul wants to allow residents to sue individuals who aren’t following the city’s lobbyist ordinance.
Cupertino currently requires lobbyists to register with the city, pay an annual fee and file quarterly reports disclosing any lobbying activity. But during a recent City Council discussion on the ordinance, Paul suggested the city add a “private right of action” — a legal concept that allows citizens to enforce a law.
Cupertino currently has a private right of action in its multi-family housing ordinance regarding smoking.
The council has unanimously voted for city officials to bring back a new proposed ordinance including the private right of action.
The concept has been used in several recent high-profile cases — most notably in Texas over abortion law, according to Margaret Russell, an associate professor of law at Santa Clara University’s Law School.
Last May, Texas Gov. Greg Abbott signed into law one of the nation’s strictest abortion statutes that banned abortions as early as six weeks. The law included a measure that allowed citizens to sue anyone who may have assisted a person with getting abortion before then including doctors, friends or Uber drivers.
Earlier this year, California Gov. Gavin Newsom announced a copy-cat law that would allow residents to sue anyone who “manufactures, distributes, transports, imports into the state or sells assault weapons, .50 BMG rifles, ghost guns or ghost gun kits.”
Historically, Russell said there are advantages for jurisdictions to institute a private right of action — particularly around environmental laws. In the case of the Texas abortion law, she called the use “nefarious,” noting it exemplifies the downside of it because it “encourages snitching.”
For Cupertino, though, Russell is “surprised” that the city has such a large unregistered lobbyist problem that they would need citizen enforcers, adding that it could be a drain on public resources.
“If people are encouraged perhaps even with very little information to file complaints against each other, then I think that’s time wasted,” she said.
In an email to this news organization, Paul defended his proposal saying “that it is extremely important for people in a democratic system to have open and clear knowledge of how monetary influences are attempting to exert control over an open public process.”
The mayor declined to comment further and did not respond to an email about how much of a problem he believed unregistered lobbying is in the city. Six lobbyists are currently registered with Cupertino, including several developers and representatives for Apple.
Tracey Edwards, who has lived in Cupertino for more than 40 years, questions the problem the mayor is trying to solve by allowing residents to sue people they believe are unregistered lobbyists. She also worries about the potential “chilling” effects it might have on the community.
“If I just step up to the podium as a citizen, can another citizen sue me because I’m expressing my right of free speech?” she said.
Cupertino is slated to discuss the proposed changes, which include requiring 501(c)3 nonprofit organizations to register as lobbyists, at a future meeting.
Source: www.mercurynews.com