WALNUT CREEK, California: On September 1, Superior Court judge David Flinn rebuked the Walnut Creek city council in Contra Costa County and ordered them to put two Walnut Creek Referendum on Neiman Marcus on the ballot. The city council had declined to do so, saying that Measure I was an acceptable substitute. The judge derided them for this decision, referring to their action as "arbitrary" and "capricious." The judge also said, ""A fundamental precept of this nation's democratic electoral process is that the government may not 'take sides'".
The deadline for certifying a measure for the November 3 ballot has passed. The city council will therefore have to put the measure on a special election ballot after November 3. The city council is also considering an appeal of the judge's decision.