On Friday, September 4, the New York City Coalition for Accountability Now (NYC CAN) submitted 28,000 petition signatures as a supplement to the 52,000 signatures submitted on June 24 calling for a citywide referendum on the creation of a local, independent commission to investigate 9/11. Over the last 25 years, every ballot initiative in New York City has been blocked on grounds of legal technicality, with the exception of the 1993 initiative to establish term limits for NYC elected officials, whose supporters also had to go to court to prove the initiative legal. With 80,000 New Yorkers having signed this petition, the City’s ongoing attempt to stop this referendum from going on the ballot is yet another blatant affront to the democratic ideals upon which this great nation was founded. On July 24, the NYC City Clerk reported to the City Council that only 26,003 signatures from the submission of 52,000 signatures were valid. In response, NYC CAN filed suit and on Thursday, August 27 submitted a Bill of Particulars cataloguing 7,166 additional signatures that NYC CAN contends should be deemed valid. The court-appointed referee will begin a line-by-line review of the disputed signatures on Wednesday, September 9, and is scheduled to complete the review by Friday, September 18. If the referee and court accept at least 3,996 of the disputed signatures as valid – meeting the requisite number of 30,000 signatures – and if 15,000 of the 28,000 signatures from the September 4 submission are deemed valid, the only remaining hurdle to getting the referendum on the ballot will be the ongoing court case over the legality of the petition. The timetable for addressing the petition’s legality will be set in a meeting on Thursday September 10. The schedule should allow time for an appeal from either side in order to guarantee a final determination by the end of the month. Once the schedule for the court case is set, NYC CAN will announce one or more rallies and events in the second half of September to demonstrate the tremendous public support that exists for a new, impartial investigation. NYC CAN calls upon all those who can be in lower Manhattan to join in solidarity with the 9/11 families, first responders, survivors and 80,000 New Yorkers to say loud and clear: no longer will we tolerate a government that ignores the will of its people. For the 3,000 who died on that day, the hundreds who have died since, and those still suffering today, 9/11 must be properly investigated. The Bill of Particulars was assembled with the help of 50+ volunteers who gave more than 1,000 hours over a two-week period. On behalf of the petition’s 80,000 signatories, NYC CAN offers its deepest thanks to these volunteers who worked long and hard to prevent the voters New York City from being silenced by their government.
www.NYCCAN.org
New York – In a last minute decision, lawyers for the City of New York have conceded that the New York City Coalition for Accountability Now (NYC CAN), a group comprising 9/11 family members, first responders and survivors, indeed did submit over 30,000 valid signatures to put the referendum for a new 9/11 investigation before the voters of New York City this November. In an earlier letter from the City Clerk dated July 24, 2009, the City had claimed only 26,003 signatures were valid, 3,997 short of the requisite 30,000. The City’s concession that over 30,000 of the 52,000 signatures submitted were in fact valid paves the way for lawyers from both sides to argue the legality of petition. Asked whether he thought NYC CAN could overcome the City’s challenge to the legality of the petition, legal counsel to the petitioners, Dennis McMahon, said, “Absolutely. Although the City has an incredibly successful record of shooting down ballot initiatives, we will be arguing from a fresh perspective that reflects the unprecedented events of 9/11. We believe the courts will see how critical an issue this is, and be persuaded with our legal reasoning and point of view.” A final determination on the legality of the petition will be reached in time for the referendum to be included on the November ballot should the petitioners prevail. Representatives for NYC CAN, 9/11 family member Manny Badillo and Executive Director Ted Walter, arrived at the Board of Elections on the morning of Wednesday, September 9, to assist the court-appointed referee in commencing a line-by-line review of the disputed signatures, only to learn the referee’s review had been called off due to a last minute concession by the City. Mr. Badillo immediately got on the phone to inform others of the news. “The City conceded we have 30,000 valid signatures. Big victory.” The City’s concession comes as a result of the immense effort put forth by 50+ volunteers who gave more than 1,000 hours over a two week period from August 10 to August 25 to identify a total of 7,166 signatures that were wrongly invalidated by the NYC City Clerk and Board of Elections. On August 27, NYC CAN filed the 631-page Bill of Particulars cataloguing each of the 7,166 signatures it contended were in fact valid. NYC CAN submitted another 28,000 signatures on September 4 to guarantee the referendum will go on the ballot if they win the court case, bringing the total signatures submitted to 80,000. 631-page Bill of Particulars Filed on August 27 NYC CAN must deliver its memorandum of law in response to the City’s motion for summary judgment by Monday, September 21. The City will be given an opportunity to reply before the referee’s decision is made on Monday September 28. Fast-track appeals will likely follow no matter who wins. A final decision will have to be made by September 30. If the referendum passes in November, it would lead to the creation of a local, independent commission with subpoena power that would be tasked with comprehensively reinvestigating the attacks.
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