On June 19, 2012, the Richmond City Council amended Ordinance 2.42.075 of the Richmond Municipal Code to clarify the disclosure requirements for campaign mass mailings. As the anti-soda tax campaign ramped up, the Community Coalition Against Beverage Taxes (“Big Soda”) distributed a mailer entitled “Why is Richmond Coming Together to Fight Beverage Tax,” opposing the Soda Tax which blatantly ignored Richmond's Ordinance 2.42.075 requiring that out of city special interests clearly identify themselves on mass mailings.

I subsequently filed a complaint with the city attorney, who found that while the mailer violated the provisions of the amended RMC 2.52.075, the violation skated on a technicality because the mailing had most likely been initiated prior to the effective date of the ordinance, July 19, 2012.

Instead of thanking the city attorney for his advice and coming into compliance on future mailers, the Community Coalition Against Beverage Taxes ordered its lawyer, Christopher Skinnell of
Nielsen Merksamer Parrinello Gross & Leoni LLP, to file suit against the City of Richmond in Federal Court (Community Coalition Against Beverage Taxes, et al v. City of Richmond, Case 3:12-cv-04545-CRB (N.D. Cal. filed Aug. 30, 2012), seeking first, a temporary restraining order and order to show cause re a motion for preliminary injunction enjoining the City from enforcement, and second, overturning the City’s ordinance.

The purpose of the ordinance, if course, is clearly inform voters who is behind political campaigns that are intentionally disguised as Grass roots local efforts. Big Soda will spend over a million dollars in Richmond while trying to make it look like a down home campaign featuring local spokespersons, businesses and organizations.