Both sides are framing this court ruling as a victory. While the gist of a November ballot measure will remain unchanged (one side's version of victory), the measure name has to change (the other side's victory).
At issue: the wording of Measure J, which if passed by Monterey Peninsula voters, would require the Monterey Regional Water Management District to conduct a feasibility study of a public buyout of California American Water, and if it's found to be feasible, initiate a public takeover.
What was formerly called the "Monterey Peninsula Water System Local Ownership and Cost Saving Initiative" will now be called “The Monterey Peninsula Water System Local Ownership Feasibility Study Initiative.”
That's the result of a lawsuit field Aug. 20 in Monterey County Superior Court by Rick Heuer with support from Cal Am, arguing the initiative title—the same title that public water advocates first adopted for a similar measure in 2014—was misleading to voters.
In an Aug. 29 decision, Judge Lydia Villarreal agreed, and determined the title of Measure J has to change.
In addition, Villarreal determined one portion of the initiative's language will be struck from the ballot guide. It will no longer say, “Cal Am has seriously mismanaged the Peninsula's water system ever since acquiring it.”
The No on J committee celebrated Villarreal's ruling with a press release, quoting Cal Am Vice President Kevin Tilden: “Cal Am has been successfully delivering water service to the Peninsula for over 50 years and is leading efforts to increase supply for future generations through the construction of a desalination plant, so it makes sense that Judge Villarreal would order the removal of such disingenuous language."
Meanwhile, Public Water Now—the group behind the initiative—has a similarly celebratory take on the decision, claiming victory because most of the language was allowed to remain intact.
Public water advocates had anticipated the lawsuit, considering a similar suit forced a change of names in 2014, and PWN Director George Riley praised the compromise decision in a statement.
Instead of striking most of the 12 reasons given in the ballot guide for supporting Measure J, only the line about mismanagement will come out.
"We wrote it with the expectation we'd be challenged, so we’re fully prepared to defend every statement we made," Riley told the Weekly just after the suit was filed.
Villarreal's decision goes to the Monterey County Elections Department, which will incorporate the changes into ballot materials.