The Centex suit was filed against the city, John Billig and 25 John Does who had repeatedly demanded a vote. The citizens’ group retained attorneys supporting the city clerk’s action. In spring, the court ruled the referendum petition valid and that it must go onto the June ballot. Council members rescinded their prior approval of Fagan and placed the matter on the ballot as their own initiative, Measure E-6, an apparent effort to confuse voters. June 6, voters rejected the measure, overturning council’s approval.

July 21, the Superior Court, citing California Code of Civil Procedure section 425.16, granted real party of interest John Billig’s motion to strike the writ. By using the words “real party of interest,� the court is recognizing that the referendum is Billig’s and the 25 unnamed John Does, not the city's.

The court took one additional action, ruling the legal action brought by Centex a strategic lawsuit against public participation. A SLAPP suit is a legal action having no merit that is brought to intimidate ordinary citizens trying to exercise First Amendment rights — in this case, bringing a referendum against a council action.

This SLAPP decision demonstrates that the developer and the city have gone to extreme lengths to curtail meaningful dissent and chill constitutional rights. These actions alone constitute grounds for a recall.

It is time to say goodbye to those council members who were complicit in this matter.

— Delton Lee Johnson, Santa Paula