Marin County judge rules five arguments stricken from the SMART rail opposition

MARIN, Sept. 8, 2008 -- Marin County Superior Court Judge Terrence Boren ruled that five statements in the opposition’s argument against the Sonoma Marin Area Rail Transit ballot initiative, Measure Q, be stricken.

On Sept. 2 a Sonoma County Judge ruled that one of the statements be changed on the opposition’s argument.

SMART argued that the statements slated to be printed in the voter information pamphlets were misleading and false. In Marin County it requested to have seven of the statements stricken or changed.

Two of the stricken statements that SMART had issue with were “…day and night, passenger trains, and freight trains up to 60 cars in length, would run at all hours through Novato, Terra Linda and San Rafael,” and “freight train operations, and gravel mining, facilitated by Measure Q, would severely damage the Eel River and its threatened salmon and steelhead.”

SMART said no freight will run south of Novato and that the statement about environmental damage was false and misleading.

“We were disappointed that the hearing was set so late that the statements had to be stricken, not changed,” said Joy Dahlgren of the Marin Citizens for Effective Transportation opposing Measure Q.

Marin Supervisor Charles McGlashan, chairman of the SMART board of directors, filed suit Aug. 27 against the opposition claiming that the statements were false.

“Misleading the public doesn’t help our environment,” Mr. McGlashan said. “Let’s stick to the facts.”