[NFBF-Tampa] Updated Information concerning Motion for Summary Judgement

Wed May 1 21:21:32 UTC 2019

Hart budget is $79 million?? Seems alot then what would the addition 
funds help?? I must be missing something. Also, how many do use the fix 
bus routes daily? Myself, I use it every day to go to work and back.

On 5/1/2019 12:17 PM, tampa President via NFBF-Tampa wrote:
> Please distribute the following message as widely as appropriate.
>>
>> There has been a change in the times of the hearing on the motion for 
>> summary judgement previously disseminated. The following message 
>> updates this information to reflect these changes, along with 
>> additional information concerning our schedule, including details for 
>> your transportation.
>>
>>
>> The summary judgement hearing concerning the law suit filed by 
>> Hillsborough County Commissioner Stacy white opposing the sales tax 
>> referendum approved by voters on November 6 will be held on Friday, 
>> May 3 at 800 E. Twigg Street, Courtroom 501 before the honorable Rex 
>> Barbas at 9:30 a.m. we are urging as many blind people with their 
>> white canes and guide dogs to show up for this hearing to let Judge 
>> Barbas know this issue is important to us. We will meet at Crystal 
>> Bay Café located in the courthouse at the same address (800 E. Twigg 
>> Street, 2^nd floor) for breakfast at 7:30 and a briefing at8:30 a.m. 
>> We will leave Crystal Bay Café at 8:45 a.m. and proceed to the 
>> courtroom for the hearing. The courtroom doors will open at 
>> approximately 9:00 a.m. and seating is on a first come, first served 
>> basis. The dress code for Court is at least business casual – no 
>> shorts, tank tops, or t-shirts – and the bailiff’s strictly enforce 
>> this dress code. No one inappropriately dressed will be admitted to 
>> the courtroom.
>>
>> The hearing is scheduled on the docket all day with recess at 
>> approximately 12:000 noon until approximately 1:30 p.m. If you cannot 
>> attend all day, it is best to attend the morning session; however, if 
>> you can only attend the afternoon session, your presence is vital and 
>> we ask you plan on being at Crystal Bay Café by 12:30 p.m. We will 
>> have lunch at Crystal Bay Café during recess and gather again outside 
>> the courtroom 45 minutes prior to Court reconvening. If you will be 
>> traveling using HART Plus, you should plan a departure for 
>> approximately 5:00 p.m. if you plan on staying all day or attending 
>> only the afternoon session. If you need assistance once arriving at 
>> the courthouse, please contact Vice President Merry Schoch at (813) 
>> 625-1850 or Marion Gwizdala at (813) 626-2789. If you plan to attend, 
>> please call or text (813) 626-2789 or send an email message to 
>> <tampabay at nfbflorida.org <mailto:tampabay at nfbflorida.org>> with your 
>> name and whether you will attend all day, the morning session only, 
>> or the afternoon session only.
>>
>> This issue is of paramount importance to the blind community, since 
>> reliable, effective public transportation is the key to removing the 
>> artificial barriers faced by the blind as we live the lives we want. 
>> Of all groups of citizens in Hillsborough County, the blind are most 
>> affected by the quality of public transportation, since blindness 
>> limits the ability to choose other options. The blind use public 
>> transportation for independent mobility for every aspect of life, 
>> including social outings, employment, shopping, and medical 
>> appointments. The 1% sales tax and the revenue it would generate for 
>> HART will dramatically enhance the transportation options in 
>> Hillsborough County and exponentially enhance the quality of life for 
>> the blind of the region!
>>
>> A motion for summary judgment (sometimes called an “MSJ”) is a 
>> request for the court to rule that the other party has no case, 
>> because there are no facts at issue. The party making the motion is 
>> claiming that either the case should not go before a jury at all, or 
>> a jury could only rule in favor of the moving party. In order to win 
>> an MSJ, the moving party must show that:
>>
>> 1.there are no facts which can reasonably be disputed; or
>>
>> 2.Anyone looking at the facts and applying law would rule in favor of 
>> the moving party.
>>
>> In effect, should Judge Barbas grant a summary judgement, the case is 
>> decided in favor of the prevailing party.
>>
>> On November 6, 2018 57% of voters approved a 1% sales tax to fund 
>> certain transportation enhancements in Hillsborough County. Of this 
>> 1% tax,the Hillsborough Area Regional Transit (HART) would receive 
>> 45%. The current annual budget of HART is $79 million; the additional 
>> sales tax revenue would add approximately $125 million annually to 
>> HART’s revenue which must be used for specific direct service 
>> enhancements. The referendum created a citizens’ oversight committee 
>> (COC) charged with ensuring the funds are used for their stated 
>> purpose. At issue in this case is whether or not voters have the 
>> right to impose a tax upon themselves and the authority to create a 
>> citizens’ oversight committee. Commissioner White contends voters do 
>> not have the legal right to impose a tax; that power is reserved to 
>> elected officials. In Addition, Comissioner White asserts voters do 
>> not have the authority to create a COC; the authority to oversee the 
>> spending of tax revenue is reserved to elected officials. Should the 
>> judge rule in favor of Commissioner White, the tax would effectively 
>> be repealed and HART would remain at the current funding level. 
>> Should the judge rule in favor of the respondents, HART could 
>> potentially begin receiving the additional revenue in a matter of 
>> days and we would soon realize the transportation enhancements the 
>> tax revenue was meant to create. (Approximately $40 million dollars 
>> is currently held in escrow available to HART at this time!) The 
>> third option, as we understand it, is that Judge Barbas could deny 
>> all MSJs and schedule the matter for trial. If this were to happen, 
>> the sales tax would continue to be collected until the issue is 
>> resolved – which could possibly take another year - and no funds 
>> would be released for the intended purpose and will of the voters 
>> until the case is resolved.
>>
>> Please join the Tampa Bay Chapter of the National Federation of the 
>> Blind of Florida as we advocate for improved transportation for the 
>> blind and all citizens of Hillsborough County. For more information, 
>> please call chapter president Miranda Kilby at (352) 942-0417 or 
>> email her at nfbf.tampa at gmail.com <mailto:nfbf.tampa at gmail.com>. For 
>> more information about the National Federation of the Blind of 
>> Florida, please visit our website at www.nfbflorida.org 
>> <http://www.nfbflorida.org>.
>>
>> The National Federation of the Blind knows that blindness is not the 
>> characteristic that defines you or your future. Every day we raise 
>> the expectations of blind people because low expectations create 
>> obstacles between blind people and our dreams. You can live the life 
>> you want! Blindness is not what holds you back.
>>
> P.S.  remember we will be going through a metal detector, and certain 
> items are prohibited in a quart room please plan accordingly.
>>
>
>
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