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

Wed May 1 22:18:53 UTC 2019

Ed,

                The current HART annual budget is, indeed, $79 million and is low compared to other similar size communities. The revenue from the sales tax would add $125 million annually to HART’s revenue and must be used for direct service projects, such as expanding routes, adding routes, and expanding para transit services. 

Marion

From: NFBF-Tampa [mailto:nfbf-tampa-bounces at nfbnet.org] On Behalf Of Ed Sanders via NFBF-Tampa
Sent: Wednesday, May 1, 2019 5:22 PM
To: tampa President via NFBF-Tampa
Cc: Ed Sanders
Subject: Re: [NFBF-Tampa] Updated Information concerning Motion for Summary Judgement

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, 2nd 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> 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. For more information about the National Federation of the Blind of Florida, please visit our website at 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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