Lawsuit Seeks Invalidation of Ballot Measure Closing Upper Great Highway

The contentious San Francisco ballot measure known as Proposition K, passed by voters last fall, is now the target of a lawsuit filed in superior court. At today’s press conference a coalition of plaintiffs spoke to the media and supporters of the legal action.

Prop K sought to close a section of an important north-south road connecting San Francisco’s West side neighborhoods, businesses, visitors to Golden Gate Park and Ocean Beach permanently to private vehicles, known as the Upper Great Highway debate.

Analysis of the final vote count shows the city’s eastern and central core neighborhoods out-voted the western communities where the roadway is located, serving nearly 20,000 cars daily. Leaders of the anti-closure committee now turn to the courts for relief. Per post-election plans, the road was scheduled to be shut to cars this Friday March 14^th, adding to the urgency to file a timely complaint.

The crux of the lawsuit is two-fold. Plaintiffs contend city residents are not empowered to close a roadway via ballot measure. That’s the sole purvey of the state legislature. Secondly, road closures cannot target one category of vehicles (private cars), while allowing emergency vehicles, city maintenance vehicles and park shuttles to travel freely.

Prop K’s ballot measure text specifically prohibits private vehicles while permitting emergency vehicles usage. That’s not legal, according to the suit.

“This lawsuit is the only course of action we have to right the wrong,” says plaintiff Matt Boschetto. “The city hall supervisors (city councilmembers) on the west side of San Francisco never had the right to put this measure on the ballot.”

Initial court hearings have not yet been scheduled. Response from the defendants is pending.