[Mpls] Stadium sales tax law, is it unconstitutional? by Linda Mann

[David Brauer]

Linda/Doug Mann writes:

> For members of an unprotected class, the standard of
> determining the legitimacy of a discriminatory law is "rational basis". So
far as I can
> tell, the only basis for depriving them of this right is the fact that the
> stadium backers are afraid that people will vote against it.

The state law specifically requires "Imposition of a local sales tax is
subject to approval by voters of the political subdivision at a general
election."

Since the next countywide general election isn't until November 2006 - 18
months away - backers can plausibly argue that such a delay would increase
stadium costs (interest rates, steel prices, inflation) and thus constitutes
another "rational basis."

Though that may be a secondary reason to losing a vote, it's not an
irrational claim.

Also, I believe St. Paul's Xcel Energy Center is partly funded by a local
sales tax for which there was no referendum. Since there was no suit over
that, Hennepin County stadium backers could claim precedent.

Good luck with the suit, though.

David Brauer
Kingfield