IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
Atlanta DIVISION
JOHN BURL SMITH
CITIZENS OF DEKALB AND FULTON COUNTIES
Plaintiffs
Civil Action File No.________________
vs.
GEORGIA GOVERNOR ROY BARNES
LT. GOVERNOR MARK TAYLOR SPEAKER THOMAS B. MURPHY
GRTA CHAIRMAN JOEL COWAN
MARTA CHAIRMAN WILLIAM MOSLEY
U S TRANSPORTATION SECRETARY
RODNEY SLATER Defendants,
PLAINTIFFS RESPONSES TO MANDATORY DISCLOSURE
(1) State precisely the classification of the cause of action being filed, a brief factual outline of the case including the plaintiff's contentions as to what defendant did or failed to do, and a succinct statement of the legal issues in the case.
Plaintiffs contend that the State of Georgia, in the person of Governor Roy Barnes, the State Legislature, in the person of Senate President Mark Taylor, Speaker House of Representatives Thomas B. Murphy, the Georgia Regional Transportation Authority (GRTA) Board Chairman Joel Cowan, the Metro Atlanta Rapid Transit Authority (MARTA) Board Chairman William Mosley and United States Government in the person of Secretary of Transportation Rodney Slater, by implementing and/or supporting the ongoing actions taken under Georgia law SB57 are violating Fifth Amendment "due process," Eighth Amendment "cruel and unusual" and Fourteenth Amendment "equal protection" rights of citizens in the Counties of DeKalb and Fulton. In doing so, the parties named above are discriminating against said citizens by treating them disparately in the implementation of SB57. Specifically, by local referendum, Plaintiffs became owners of the public utility, MARTA in 1971. As such, they became obligated to pay a one-cent sales tax to support MARTA operations. The State of Georgia has always contended it is constitutionally prohibited from funding MARTA's operating budget. Ipso facto, the legislature has never appropriated one dime for MARTA's operation. A local public utility, MARTA is not subject to control by the State, except through some agreement with the owners. However, Gov. Roy Barnes and the Georgia legislature passed SB57 in 1999, which has allowed for what is tantamount to a state takeover of MARTA. The state did not give the affected class any direct say or vote on the matter. Moreover, the State of Georgia refuses to compensate the citizens of DeKalb and Fulton Counties in any way for their investment via the one-cent sales tax imposed on them to fund MARTA's operations in 1971. GRTA has steadfastly refused to impose the same tax on citizens in other counties to which it gives free bus service under SB57. These citizens have voted repeatedly not to pay the one-cent MARTA sales tax to fund public transportation. Gov. Barnes justifies the State's action based on, "the need for a regional transportation system." He has tried to disguise the state's strong-armed robbery of DeKalb and Fulton Counties citizens by leaving the MARTA governing board in place to hide the State's expropriation of their public utility. While claiming citizens have a voice in matters, Gov. Barnes, without giving those same citizens any say, increased the size of MARTA's board and appointed new members. These new board members give GRTA majority decision-making power over MARTA. U S Transportation Sec. Rodney Slater issued requirements that all counties share equally in the matching funds tax burden before Georgia received federal revenue. However, GRTA has refused to enforce such requirements. Plaintiffs contend that SB57 grants the State of Georgia such enormously broad powers, which are only vaguely specified in the act, that it allows the State to use a fill-in-the-blanks approach to implementing this law. This statue in GRTA's heavy hands reduced the constitutional rights of citizens in DeKalb and Fulton Counties to a matter of convenience for the State by making their rights subservient to clean air needs, economic development, road rage and other drive time woes. Unchallenged, SB57 gives GRTA the power to mandate policies and procedures that gut home rule and local option authority by denying tax revenue to counties that do not follow GRTA dictates. As Plaintiffs have shown, granting such arbitrary and capricious power to the State of Georgia has resulted in untold abuse, pain and suffering for citizens in the affected class under SB57.
(2) Describe in detail statutes, codes, regulations, legal principles, standards and customs or usage, and illustrative case law which plaintiff contents are applicable to this action.
Plaintiff contends said parties named above in this action deny the affected class "equal protection" and "due process" under SB57. Evidence shows the Defendants violated U.S. Civil Rights Laws, 42 U.S.C.§§1981, 1981a,1983,1988 and the Civil Rights Act of 1964, 42 U.S.C. Chapter 21 by treating citizens in DeKalb and Fulton Counties disparately in applying and implementing SB57. Specifically, the disparate treatment suffered by Plaintiffs violated Fifth, Eighth and Fourteenth Amendments to the Constitution of the United States. The Fifth Amendment expressly prohibits depriving any citizen of "life, liberty, or property," without "due process" of law. The Fourteenth Amendment explicitly prohibits states from violating a citizen's rights of "equal protection" by erecting barriers or passing laws that restrict or burden some citizens while freeing or relieving others of similar burdens. Such unequal treatment violates "equal protection." The Eighth Amendment also protects citizens from "cruel and unusual" processes that penalize some citizens while rewarding others. "Due process" and "equal protection" guarantees equal access to justice for all similarly situated citizens and require citizens be permitted participation in the process before the State can take any adverse action to deprive citizens of "life, liberty, or property." Likewise, they require a fair procedural process leading up to such actions. Clearly, Plaintiffs in these pleadings were not accorded such consideration and protection.
Pursuant to International Brotherhood of Teamsters v. United States, 431 U.S. 324 (1977), Plaintiffs allege disparate treatment and contend they are treated less favorably than other similarly situated citizens by Defendants. First, MARTA is the only mass transit system in the South. Therefore, the taking over of MARTA was the only way Gov. Barnes could get control of all federal mass transit funds coming to Georgia, Creating a super agency through SB57 allows GRTA to become the catch basin for mass transit funds rather than MARTA. As a result, MARTA is incurring bond indebtedness providing free bus serve to Clayton, Cobb and Gwinnett Counties, which do not pay MARTA's one-cent sales tax. DeKalb and Fulton citizens are incurring future long term financial burdens from huge capital investments in none transportation related mixed use developments to assist North Georgia economic development. Next, acceding to Gov. Barnes' demands, MARTA took a planned East rail line from DeKalb and ran it West to the Cobb and Douglas County lines to enhance their economic development. Acting for the State, Gov. Barnes caused irreparable damage to DeKalb County's ability to attract development on the South side. Finally, it is claimed SB57 authorized GRTA to convert MARTA into a regional transportation system. The State claims further, this law does not allow the State to compensate DeKalb and Fulton even though it has taken over its public utility. As the regional transportation system, MARTA is concentrating future service expansion in North Georgia counties that do not pay the MARTA sales tax. Irreparably, this law- SB57- continues the drain of tax dollars out of the southern half of DeKalb and Fulton Counties by providing transportation services for areas that have voted repeatedly not to pay the one cent MARTA sales tax to become part of the MARTA system. Allowing the State of Georgia through GRTA to take over MARTA, a public utility, without compensating its owners will stand "due process" and "equal protection" on its head. This tyrannical and unconstitutional process must not be allowed to proceed. GRTA, implementing its regional transportation plans through MARTA, forces citizens in DeKalb and Fulton Counties to pay the transportation cost for eleven other counties, while being denied similar services for themselves
The U.S. Supreme Court's standard of analysis in McDonnell Douglas v. Green, 411 U.S. 792 (1973) established a preponderance of the evidence as the standard in making a determination of discrimination in disparate treatment cases. Plaintiffs contend, following the dictates of SB57, the Governor and other parties named herein are discriminating against them by violating their "due process" Fifth Amendment rights. They content their actions deprive them of their property- a local public utility, namely MARTA, without their consent and/or just compensation. Further, plaintiffs contend these parties violated the Fourteenth Amendment's "equal protection" clause by increasing an unfair tax burden on their utility that requires the citizens of DeKalb and Fulton Counties through legislative action rather than through referendum to pay the bill. Moreover, through GRTA, the State of Georgia, which is constitutionally prohibited from funding MARTA's operations, has become a catch basin for all federal mass transit funds coming to MARTA. Under SB57, GRTA is using MARTA's funds to provide transportation services to counties that have voted repeatedly not to tax themselves to pay for such public transportation, while refusing to provide rail service to South DeKalb County, which MARTA is committed by law to serve. Plaintiffs have no protection from the legislature which has arbitrarily and capriciously extended the MARTA one-cent sales tax on DeKalb and Fulton citizens through 2047. This extension reinforces the need for relief from the suffocating burden of paying for current and future transportation improvements in areas that do not pay the MARTA tax. Under current circumstances, the MARTA tax is an onerous yoke around the necks of a few citizens binding them legally to pull the weight of eleven other counties. Plaintiffs feel under the standard of Eighth Amendment this situation qualifies as "cruel and unusual" with only two counties bearing the economic development tax burden of eleven counties. Plaintiffs submit, allowing the State of Georgia to continue imposing this unconstitutional scheme on DeKalb and Fulton Counties sanctions strong-armed robbery. Any reasonable person viewing the record will agree that Plaintiffs, members of a group (citizens of DeKalb and Fulton Counties) are treated differently by the State under SB57 than other similarly situated citizens, who are not members of Plaintiffs group. Leftwich v. United States Steel Crop., 470 F. Supp. 758 (W.D. Pa. 1979).
(3) Provide the names and, if known, the address and telephone number, of each individual likely to have discoverable information relevant to disputed facts allege with particularly in the pleadings, identifying the subject of the information. (Attach witness list to Responses to mandatory Disclosures as Attachment A.)
(4) Provide the name of any person who may be used at trial to present evidence under Rules 702, 703, and 705 of the Federal Rules of Evidence. For all experts described in F.R.Civ.P 26(a)(2)(B), provide a separate written report satisfying the provision of that rule. (Attach expert witness list and written report to Responses to Mandatory Disclosures as Attachment B.)
(5) Provide a copy of or a description by category and location of, all documents, data compilations, and tangible things in your possession, custody, or control that are relevant to disputed facts alleged with particularity in the pleadings. (Attach document list and description to Responses to Mandatory Disclosures as Attachment C.)
(6) In the space provided below, provide a computation of any category of damages claimed by you. In addition, include a copy of or describe by category and location of, the documents or other evidentiary material, not privileged or protected from disclosure, on which such computation is based, including material bearing on the natured and extent of injuries suffered, making such documents or evidentiary material available for inspection and copying under F.R.Civ.P.34. (Attach any copies and descriptions to Responses to Mandatory Disclosures as Attachment D.)
The plaintiff seeks relief in the form restitution of conditions before the implementation of SB57 in regards to MARTA's independence as a local utility.
Restoration of good name, faith and credits regarding all damages resulting from the consumption of MARTA by GRTA as a result of SB57.
Realignment of the MARTA Board and appointment of new members not tainted as a result of aiding the illegal takeover and eliminating all board position not representing MARTA tax areas.
A personal award of compensation for a concept proposal presented to MARTA's board during the response period for alternative for an East rail line in DeKalb. MARTA never responded to Plaintiff Smith regarding his proposal, which has been adopted as part of its new East rail line proposal. Again, this is strong-armed robbery of intellectual property. Actual and punitive damages are requested of $2,5 million.
A monetary award established for compensatory damage and a punitive award for the blatant disregard of citizens rights by all Defendants.
(7) Attach for inspection and copy as under F.R.Civ. P.34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgement, which may be entered in this action, or to indemnity or reimburse for payment made to satisfy the judgement. (Attach copy of insurance agreement to Responses to Mandatory Disclosures as Attachment E.)
(8) Disclose the full name, address and telephone number of all persons or legal entities who have a subornation interest in the cause of action set forth in plaintiffs' cause of action and state the basis and extent of such interest.
_______________________________________________________________________
Respectfully submitted this______ Day of______ , 19___
______________________
(Signature)
John B. Smith___________
(Print Name)
2878 Gresham Road, SE
(Address)
Atlanta, GA 30316-4304
(City, State, Zip)
404-241-5942
(Telephone)
PLAINTIFF RESPONSES TO MANDATORY DISCLOSURES
Attachment A
Governor Roy Barnes can provide all information relating to actions taken to submit and pass SB57, and any subsequent actions taken to implement it by the State of Georgia. All information related to the conversion of MARTA into a regional transportation system under GRTA. Any information regarding the MARTA one-cent sales tax as it relates to other counties under the regional plan.
Lt. Governor Mark Taylor can provide all records regarding discussions and actions related to the passage of SB57. Any information regarding GRTA taking over MARTA during consideration of SB57 and what, if any, citizen feedback process available to contest the takeover or compensation consideration for DeKalb and Fulton Counties.
Speaker House of Representative Thomas B. Murphy has all records regarding all discussions and actions related to the passage of SB57. Any information regarding GRTA taking over MARTA during consideration of SB57 and what, if any, citizen feedback process would be available to contest the takeover or compensation consideration for DeKalb and Fulton Counties.
GRTA Board Chairman, Joel Cowan all records regarding all discussion and action related to the implementation of SB57. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process would be available to contest the takeover or compensation consideration for DeKalb and Fulton Counties.
MARTA Board Chairman, William Mosley all records regarding all discussions and actions related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process would be available to contest the takeover or compensation consideration for DeKalb and Fulton Counties.
United States Secretary of Transportation, Rodney Slater all records regarding all discussion and action related to the federal government's role in implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was the federal government aware of to contest the takeover of MARTA or any compensation consideration for DeKalb and Fulton Counties.
Dot M. Smith provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Yohannes Sharriff Smith provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
DeKalb Commissioner Lou Walker provide information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
CEO DeKalb County Vernon Jones provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Senator Charles W. Walker provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Nadine Thomas provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Rep. James E. "Billy" McKinney provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
U S Rep. Cynthia McKinney provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Rep. Bob Holmes provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Tyrone Brooks provide information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Rep. Barbara Mobley provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Jo Ann McClinton provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Rep. George Maddox provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Rep. Carl Von Epps provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
U S Senator Max Cleland provide information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Mayor Bill Campbell provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
Fulton County Chairman Mike Kenn provides information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
CEO Liane Levetan provide information and records regarding citizen involvement and action related to the implementation of SB57 as it related to MARTA. Any information regarding GRTA taking over MARTA under SB57. What, if any, citizen feedback process was available for contesting the takeover or compensation consideration for DeKalb and Fulton.
PLAINTIFF'S RESPONSES TO MANDATORY DISCLOSURES
ATTACHMENT B
PLAINTIFF'S RESPONSES TO MANDATORY DISCLOSURES
ATTACHMENT D
The plaintiff seeks relief in the form of restitution of conditions before the implementation of SB57 in regards to MARTA's independence as a local utility.
Restoration of good name, faith and credits regarding all MARTA expenditures by MARTA or through GRTA as a result of SB57.
Realignment of the MARTA Board and appointment of new members not tainted as a result of aiding the illegal takeover and eliminating all board position not representing MARTA tax areas.
A personal award of compensation for a concept proposal presented to MARTA's board during the response period for alternatives for an East rail line in DeKalb. MARTA never responded to the proposal but it has adopted the idea as part of its new East rail line proposal. Again, this is strong-armed robbery of intellectual property. Actual and punitive damages are requested of $2,5 million.
A monetary award established for compensatory damage and a punitive award for the blatant disregard of citizens rights by all Defendants.