City of New York Concedes 9/11 Coalition Has 30,000 Valid Signatures To
Put Referendum For 9/11 Investigation on November Ballot

[September 10, 2009] In a last minute decision, lawyers for the City of New York
have conceded that the New York City Coalition for Accountability Now (NYC
CAN), a group comprising 9/11 family members, first responders and
survivors, indeed did submit over 30,000 valid signatures to put the
referendum for a new 9/11 investigation before the voters of New York City
this November.

In an earlier letter from the City Clerk dated July 24, 2009, the City
had claimed only 26,003 signatures were valid, 3,997 short of the requisite
30,000. The City’s concession that over 30,000 of the 52,000 signatures
submitted were in fact valid paves the way for lawyers from both sides to
argue the legality of petition.

Asked whether he thought NYC CAN could overcome the City’s challenge to
the legality of the petition, legal counsel to the petitioners, Dennis
McMahon, said, “Absolutely. Although the City has an incredibly
successful record of shooting down ballot initiatives, we will be arguing
from a fresh perspective that reflects the unprecedented events of 9/11. We
believe the courts will see how critical an issue this is, and be persuaded
with our legal reasoning and point of view.” A final determination on the
legality of the petition will be reached in time for the referendum to be
included on the November ballot should the petitioners prevail.

Representatives for NYC CAN, 9/11 family member Manny Badillo and
Executive Director Ted Walter, arrived at the Board of Elections on the
morning of Wednesday, September 9, to assist the court-appointed referee in
commencing a line-by-line review of the disputed signatures, only to learn
the referee’s review had been called off due to a last minute concession
by the City. Mr. Badillo immediately got on the phone to inform others of
the news.

“The City conceded we have 30,000 valid signatures. Big victory.”

The City’s concession comes as a result of the immense effort put forth
by 50+ volunteers who gave more than 1,000 hours over a two week period
from August 10 to August 25 to identify a total of 7,166 signatures that
were wrongly invalidated by the NYC City Clerk and Board of Elections. On
August 27, NYC CAN filed the 631-page Bill of Particulars cataloguing each
of the 7,166 signatures it contended were in fact valid. NYC CAN submitted
another 28,000 signatures on September 4 to guarantee the referendum will
go on the ballot if they win the court case, bringing the total signatures
submitted to 80,000.

631-page Bill of Particulars Filed on August 27

NYC CAN must deliver its memorandum of law in response to the City’s
motion for summary judgment by Monday, September 21. The City will be given
an opportunity to reply before the referee’s decision is made on Monday
September 28.  Fast-track appeals will likely follow no matter who wins.  A
final decision will have to be made by September 30.

If the referendum passes in November, it would lead to the creation of a
local, independent commission with subpoena power that would be tasked with
comprehensively reinvestigating the attacks.

www.NYCCAN.org: Thinkers think and talkers talk. Patriots ACT.

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