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SMART backers, turning up heat on opposition claims, win in court – twice

Cheers to the leaders of the SMART commuter rail initiative – particularly Marin County Supervisor and transit district Chairman Charles McGlashan – for having the courage to challenge opposition ballot statements and exposing exaggerations and outright untruths expressed by opponents.

The Superior Court challenges in Marin and Sonoma counties filed by officials of the Sonoma-Marin Area Rail Transit carried some risk of getting mired in political semantics. But judges in both cases didn’t mince. They quickly ordered rewritten what Mr. McGlashan called “outrageous” voter pamphlet opposition arguments.

Opponents, meanwhile, accused Marin Superior Court Judge Terrence Boren of suppressing free speech. But the Judge noted that standards of accuracy are higher for ballot arguments printed in an official government voter document and paid for at taxpayer expense.

In the Sonoma County case, the court ordered that opponents rewrite one section in the voter information pamphlet. In Marin, Judge Boren order changes to five of seven statements.

The last time the 1/4-cent commuter rail sales tax came before voters in 2006, opposition arguments about diesel pollution and noise were ineffectively countered by SMART supporters. The measure failed by a whisker.

Today, developing an alternative to the automobile in this beautiful and prosperous North Bay is more important than ever. It is no longer optional, it is critical to preserving the environment and quality of life.

SMART officials and independent sources have checked and double-checked the underlying facts and impacts of commuter rail in Marin and Sonoma, which, by the way, includes a bicycle and pedestrian path along the right of way from Cloverdale to Larkspur.

Now, affordable, quiet, clean, modern rail – running on the rarest of regional assets, a 70-mile railway right of way – is within reach.

And this time, supporters are not going to let the opportunity slip away.