Lawsuit against NLV moves to federal court

Wednesday, April 20, 2005 | 9 a.m.

A federal judge will now hear a lawsuit filed by North Las Vegas residents who want a measure on the June 7 ballot letting voters decide the fate of city union contracts.

The case had been set for last Monday in District Court, but North Las Vegas petitioned the case be transferred to federal court. The residents will be seeking an injunction Tuesday from U.S. District Judge Philip Pro.

"We think the federal courts are more experienced on First Amendment issues," North Las Vegas City Attorney Sean McGowan said in seeking the transfer.

But Jonathan Hansen, the attorney representing the group of residents, accused the city of stalling so time would run out before the measure could get on the ballot. He said the case belongs in state court, but he didn't want to fight the transfer and further delay a hearing on the injunction.

"I think they wanted more time to lapse to say there is not enough time to get it on the ballot," Hansen said. "They shouldn't have wasted another week."

City officials said they are not stalling. As it is now, McGowan said it's too late for the measure to be put on the ballot. Early voting starts May 21.

The residents filed the lawsuit after the City Council sided with Clerk Clerk Karen Storms, who said the petition drive was invalid because one of five people behind the ballot measure wasn't a registered voter in North Las Vegas. He live in Las Vegas.

Hansen claims the state statute that requires five people as the measure's sponsors is unconstitutional. It is not required in the state Constitution and state initiatives get on the ballot with only one sponsor.

The initiative got enough signatures to qualify as a ballot measure, but city officials said they had to follow the state law and invalidate it.

The group wants a city law requiring new contracts with employee bargaining groups be approved by voters during city elections.