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TASC Committee files complaint against union 'blockers'

Complaint details multiple incidents of thuggery, intimidation and harassment directed by AFL-CIO at Tax And Spending Control petition signature gatherers

 

JOEL F. HANSEN, ESQ.

Nevada Bar No. 1876

HANSEN & HANSEN, L.L.C.

415 South Sixth Street, Suite 200

Las Vegas, Nevada 89101

(702) 385-5533

Attorney for Plaintiff

DISTRICT COURT

CLARK COUNTY, NEVADA

Committee for Tax and Spending Control (TASC), by and through its Chairman, Ann O’Connell; Robert Adney, Executive Director of TASC, Nichole Dickens, Bruce Roth, Andre Baker, Andre Baker II, Susan Akeylan, Harry King, Kendrick Foster, and Gisela Baird, 

Plaintiffs,

vs.

Nevadans for Nevada, by and through Danny Thompson, its Chairman; Danny Thompson, individually; Emily Morris, Field Coordinator for Nevadans for Nevada; Lewis Granofsky of Nevadans for Nevada; Willey Doe; Noah Doe; Josh Doe; Roes 1-10 (groups, associations, partnerships, corporations, companies, and/or other legal entities); Does 1-30 (officers, employees, agents, volunteers, independent contractors for Nevadans for Nevada); and Nevada Secretary of State Dean Heller,

Defendants.

CASE NO.

DEPT. NO.

VERIFIED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, FOR PRELIMINARY

AND PERMANENT INJUNCTION, AND FOR DAMAGES

Plaintiff complains and alleges as follows:

GENERAL ALLEGATIONS

1. Plaintiff TASC (Tax and Spending Control Committee) is a Nevada political action committee, duly registered with the Secretary of State of the State of Nevada, organized for the purpose of putting on the ballot in November of 2006 a ballot question designed to amend the constitution of the State of Nevada, through an initiative petition. A copy of that Initiative Petition is attached hereto and incorporated herein by reference as Exhibit “1”.

2. Plaintiff Ann O’Connell is, and at all times material herein was, the Chairman of TASC and a resident of Nevada. Plaintiffs Nichole Dickens, Bruce Roth, Andre Baker, Andre Baker II, Susan Akeylan, Harry King, Gisella Baird, and Kendrick Foster are petition gatherers/circulators for TASC, gathering petition signatures in Clark County, Nevada. Plaintiff Robert Adney is the Executive Director of the TASC committee.

3. Nevadans for Nevada is a group of individuals and organizations which have joined and conspired together for the purpose of opposing the TASC Petition in an illegal and unlawful fashion and, as described below, has, by and through its officers, managers, employees, independent contractors, and other agents, violated the Constitution and Laws of Nevada, as set forth in the complaint below, in order to impede, prevent, and violate the constitutionally guaranteed and statutorily protected right of the people to gather and to sign initiative petitions in the State of Nevada.

4. Various individuals as well as various groups have joined and conspired together through Nevadans for Nevada, including, but not limited to Nevada’s AFL-CIO union, Professional Firefighters of Nevada, the Police Protective Association, and the Nevada State Education Association, in order to impede and prevent, by anti-constitutional, illegal, and

unlawful means, the gathering of signatures on the TASC petition. These groups and individuals are all agents of each other for purposes of carrying out their illegal acts and schemes.

5. That Defendant Danny Thompson is the Chairman of Nevadans for Nevada and is also Chairman of the Nevada AFL-CIO.

6. That Defendant Emily Morris is a Field Coordinator for Nevadans for Nevada.

7. That Defendant Lewis Granofsky is an officer, director, or other management official of Nevadans for Nevada.

8. That Noah Doe, Willey Doe, and Josh Doe (last names currently unknown) are agents of NFN, employed as “blockers” for Nevadans for Nevada (hereinafter NFN), employed for the purpose of illegally impeding and preventing electors, voters, and signature gatherers from signing and/or obtaining signatures on the TASC petition, by intimidation, threats, coercion, violence, restraint, and/or undue influence, and to impede or prevent, by duress and/or fraudulent contrivance, the free exercise of the right of voters and electors of Nevada to sign initiative petitions as part of their franchise as a voter to sign such petitions to place ballot questions concerning constitutional amendments on the ballot.

9. That Does 1 - 30 are officers, agents, employees, independent contractors, and/or volunteers for Nevadans for Nevada and are responsible for the acts alleged herein. Their names are presently unknown to Plaintiffs, but Plaintiffs will seek leave of court to amend this complaint to substitute in their true names when such become known to Plaintiffs. That Roes 1-10 are groups, associations, partnerships, corporations, companies, and/or other legal entities, whose identities are presently unknown to Plaintiffs, but Plaintiff will seek leave of court etc.

10. That the TASC Initiative Petition is being circulated in Clark County and in all of Nevada to the residents of the State of Nevada pursuant to Article 19 of the Constitution of the State of Nevada and Chapter 293 and 295 of the Nevada Revised Statutes.

11. That NRS 293.710 provides as follows:

1.  It is unlawful for any person, in connection with any election or petition, whether acting himself or through another person in his behalf, to:

(a) Use or threaten to use any force, coercion, violence, restraint or undue influence; 

a.  Inflict or threaten to inflict any physical or mental injury, damage, harm or loss upon the person or property of another; 

b.  Expose or publish or threaten to expose or publish any fact concerning another in order to induce or compel such other to vote or refrain from voting for any candidate or any question; 

c.  Impede or prevent, by abduction, duress or fraudulent contrivance, the free exercise of the franchise by any voter, or thereby to compel, induce or prevail upon any elector to give or refrain from giving his vote; or 

d.  Discharge or change the place of employment of any employee with the intent to impede or prevent the free exercise of the franchise by such employee. 

2.  Unless a greater penalty is provided by law, any violation of this section is a gross misdemeanor. (Emphasis added) 

This statute was specifically designed to protect the right to petition in the State of Nevada, a right guaranteed by Article 19 of the Nevada Constitution.

12. That agents, blockers, and hired thugs of Nevadans for Nevada have violated the above Nevada statute in numerous ways and on numerous occasions in the past six weeks, in that they have used or threatened to use force, coercion, restraint, and/or undue influence to stop petition gatherers from obtaining signatures and potential signers from signing the petition; and that they have inflicted and have threatened to inflict physical and mental injury, damage, harm, or loss upon personal property of others, specifically, upon potential signers and upon petition gatherers; and the agents of Nevadans for Nevada have impeded and prevented by duress and fraudulent contrivance the free exercise of the opportunity of potential signers who are electors and voters to sign, and have compelled, unlawfully induced, or illegally prevailed upon electors to give or refrain from giving their signature on the TASC petition.

13. These anti-constitutional, illegal, and unlawful acts by the Defendants, Nevadans for Nevada and its agents, are detailed in the Affidavits attached hereto as Exhibits 2-9.

14. That individuals from Nevadans from Nevada are characterized as “blockers” in the affidavits of the various petition circulators representing TASC who have executed these affidavits.

15. That Nichole Dickens sets forth in her Affidavit that the blockers come and lay their papers right on her clipboard while people are in the act of signing, which stops the potential signer from being able to write on the petition. When a blocker does this, he stands very close to the signer and starts talking very loudly so that Nichole Dickens can’t talk anymore, and the blockers talk over the top of her, thus confusing and intimidating the potential signer. The potential signer, being intimidated and confused, walks away. (See Paragraph 4, Affidavit of Nichole Dickens, Exhibit 2). The blockers have also lied to potential signers, such as telling them that the petition is “illegal” (See Exhibit 2, Paragraph 5), falsely accusing TASC circulators of calling customers “A--holes”. (See Exhibit 2, Paragraph 7), and telling potential signers that TASC circulators are going to use their signature to forge the signers’ names on other documents (See Exhibit 2, Paragraph 8) and so on.

16. That other lies and false statements made by blockers and thugs for Nevadans for Nevada (hereinafter NFN) to potential signers and others for the purpose of intimidating them and blocking their fair opportunity to read and sign the petition are as follows:

e.  Calling TASC circulators liars and pimps. (See Exhibit 3, Paragraphs 6 and 7);

f.  Telling people that TASC petitioners were trying to steal the person’s identity by getting their signature. (See Exhibit 3, Paragraph 7);

g.  Reporting to Metro that TASC petitioners were threatening the blockers (See Exhibit 3, Paragraph 10);

h.  Telling potential signers that the TASC petitioners were crooks. (See Exhibit 3, Paragraph 13);

i.  Telling potential signers that the TASC petitioners are “hustlers - trying to hustle you for your signature, and that they might sell your information.” (See Exhibit 4, Paragraph 2);

j.  Referring to TASC petitioners as criminals and con artists (See Exhibit 4, Paragraph 3 and Exhibit 5 at Paragraph 2);

k.  Telling not to sign because TASC petitioners were “crooked” (See Exhibit 4, Paragraph 5);

l.  Telling people that the TASC petitioners had to let them take the petition inside the DMV (See Exhibit 5, Paragraph 4);

m.  Telling potential signers that the petition was a lie (See Exhibit 6, Paragraph 3);

17. The NFN blockers also use physical tactics in order to coerce, restrain, and exercise undue influence over the circulators and potential signers, to inflict or threaten to inflict physical and mental injury upon people and their property, and to impede or prevent by duress the free exercise of the privilege of each elector to sign the petitions. Some of these are set forth below as examples from the affidavits attached.

18. A blocker named Willey, a very large man, bumped into petitioner Nichole Dickens as she was obtaining a signature and almost knocked her down. He physically ran into her. That same day, Willey stole one of Nichole Dickens’ clipboards out of a lady’s hand who was trying to read it. He physically grabbed it out of her hands and he started waving it in the air, yelling, “This is not any good!” (See Affidavit of Nichole Dickens, Exhibit 2, Paragraph 9).

19. These blockers have also intimidated Nichole Dickens by following her to her car very close behind her, yelling at people not to sign the petition. (See Exhibit 2, Paragraph 10).

20. A common tactic which the blockers use is to surround a petition gatherer and a potential signer, at very close quarters, and these thugs talk loudly over the top of the conversation between the TASC petitioner and the potential signer, yelling at the person not to sign and screaming that the petition is deceptive and bad for Nevada. When they form around someone like this, the petition gatherer cannot continue to talk to the person and usually the potential signer just walks away. (See Affidavits: Exhibit 2, at Paragraph 11; Exhibit 2 at Paragraph 6, Exhibit 3, Paragraph 5; Exhibit 2, Paragraph 2; Exhibit 6, Paragraph 3; Exhibit 8, Paragraph 6).

21. Another tactic which the blockers for NFN use is to intimidate the petition signature gatherers. They come and stand between the gatherer and prospective signers, physically blocking the signers from approaching the circulators. In other words, they physically isolate the circulators from the prospective petition signers. (See Exhibit 8, Paragraph 6). Harry King, a circulator, felt intimidated by the blockers because he knew that they were going to take away his ability to get signatures on the TASC petition. They were restraining him from gathering petitions. (See Exhibit 8, Paragraph 8).

22. Some blockers told petition gatherers that they had permission to gather signatures for other petitions, but that they are “not allowed to gather signatures for TASC - or else.” One of the gatherers who was told this was Jamie Reinhart. When she resisted the threat, and continued to gather signatures, the NFN blockers physically blocked her from approaching prospective signers, NFN thugs physically stood in front of her and would not let her approach anyone and would not let anyone approach her. Jamie quit after this incident, saying, “This job is too dangerous. I ain’t working here no more.” (See Exhibit 7, Paragraph 6).

23. Harry King was told by blockers from NFN that he was not allowed to carry petitions for TASC but that he could carry the property tax initiative. They said that he had to stop carrying TASC petitions, “Or else.” Harry Butler was told the same thing, as well as ten other signature gatherers working for Mr. Tony Dane. (See Paragraphs 6, 7, 8, and 9 of Exhibit 7).

24. The signature gatherers took the “or else” language as a threat to their being, a threat of physical violence or force against their person. The blockers from NFN had no authority to tell Mr. Dane’s petitioners that they didn’t have permission to gather signatures for TASC, so this is a fraudulent contrivance by the blockers to confuse and intimidate Mr. Dane’s gatherers and to make them think they had no permission to gather. Many of them quit on account of these threats and incidents of intimidation. (See Affidavit of Tony Dane, Exhibit 7, Paragraph 11).

25. At Vons, Mr. Harry King was so intimidated by the blockers from NFN that he now hides his TASC petitions behind a garbage can and does not gather any petition signatures while the blockers are present. (See Affidavit of Susan Akeylan, Exhibit 6, Paragraph 6). As Susan Akeylan, a petition gatherer, tried to sign one of the TASC petitions, blockers physically moved into her path, got into her face, and said very forcibly, “Don’t sign this Fu–ing petition.” (See Affidavit of Susan Akeylan, Exhibit 6, Paragraph 7). This kind of tactic in front of Mr. Michael Butler, a gatherer, has intimidated him to the point that he is doing almost nothing now. (See Exhibit 6, at Paragraph 8).

26. One of the blockers physically struck Bruce Roth on the shoulder after the blocker had prevented a person from signing and said, “That’s okay, I won’t tell anyone,” as though he had some kind of authority over Mr. Roth. (See Exhibit 5, Paragraph 3).

27. The blockers also intimidate potential signers as follows:

a. The blockers walk directly to a person as she or he is getting out of his/her car and tell the person not to sign the TASC petition and then physically walk with that person all the way up to the front of the door of the building. By the time the person gets to the sidewalk in front of the DMV building, there are two to three blockers walking with the person until that person arrives at the front door, continually talking to the person, telling them not to sign and physically escorting the person past signature gatherers. (See Affidavit of Andre Baker, Exhibit 3, Paragraph 5);

n.  The blockers will yell across the parking lot to people as soon as they get out of their cars, not to sign the petition and that the TASC people are liars and misrepresenting the petition. (See Exhibit 3, Paragraph 5);

o.  The blockers will swarm around a potential signer, yelling at them not to sign a petition and all of the blockers are speaking and yelling at the same time. (See Exhibit 3, Paragraph 6);

p.  The blockers will approach a circulator and a potential signer, gather around very closely, and stand very close, yelling, “Don’t sign, don’t sign, he is crooked.” When they do this, many of the people stop signing or even scratch out their names, spoiling the petition. (See Affidavit of Andre Baker II, Exhibit 4, Paragraph 5);

q.  The blockers also use their bodies as physical barriers against people who are trying to enter the DMV, and to stop them from talking to the TASC petition gatherers. On May 17, 2006, Andre Baker observed as follows, “When one of our crew members would try to get a signature, three or four of these blockers would swarm around a crew member, get between him and the potential signer, and physically block the person from signing the petition.” (See Exhibit 3, Paragraph 6);

r.  Mr. Baker also observed as follows: “After the blockers were told to stay on the sidewalk, then the blockers made a physical wall with their bodies in front of the door of the DMV so that people could not get through unless they physically walked around the blockers to get through them, and when the people tried to get through this wall of bodies, the blockers would then hand them flyers before they would let them through. If the person didn’t accept the flyer, then the blocker would follow the person all the way to the front door of the building, escorting the person past TASC gatherers, occupying the person with conversation the whole way so that

TASC people could not say anything to the approaching person.” (See Exhibit 3, Paragraph 8);

s.  When Mr. Baker instructed his gatherers to stand in a group to get a signature from a person, then one of the blockers who saw that TASC was now getting some signatures said to him, “I’ve got something for you. I will call the police and say that you threatened me.” Thirty minutes later, two Metro police cars arrived, and the TASC petitioner, Mr. Baker, was subjected to questioning by Metro, who concluded that the fault was with the blockers. (See Exhibit 3, Paragraphs 9 and 10);

t.  The blockers also violate the rules at the DMV, because due to their activities, everyone, including the TASC petition gatherers and the blockers has been told to stay in a designated area by the supervisor at DMV. However, when the DMV security guards are not there, then the NFN blockers roam around outside their designated area, go into the parking lot, approach the doors of the buildings, and in essence, surround the TASC petition gatherers and cut off people from being able to approach them. Then when the security guards come out, they run back into the designated area and claim to be innocent of any wrong doing. (See Exhibit 3, Paragraphs 11, 12, and 13);

u.  One of the blockers even knocked a clipboard out of the hand of Kendrick Foster, one of Mr. Andre Baker’s crew members, and a physical altercation almost occurred. (See Exhibit 3, Paragraph 13); another blocker poured a can of soda pop on a petition filled with signatures. (See Exhibit 10, Paragraph 4).

v.  These blockers will physically put their flyers in front of a person’s face who is trying to sign the petition. This stops some of the people from signing. (See Exhibit 4, Paragraph 8).

FIRST CAUSE OF ACTION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY, AND PERMANENT INJUNCTIONS

28. Plaintiffs repeat and reallege the allegations in Paragraphs 1 through 27 and make them a part hereof by reference.

29. Plaintiffs have already suffered and will continue to suffer irreparable harm if this court does not enter its temporary restraining order and preliminary and permanent injunctions against the activities of the Defendants as set forth above and in the Affidavits in support of this temporary restraining order, preliminary, and permanent injunction which are attached hereto. Plaintiffs have no adequate remedy at law to obtain immediate relief because the deadline for submitting the petitions is June 20th, only about two weeks away.

30. Defendants have actually sought illegally to disrupt, and have succeeded in disrupting, Plaintiffs’ efforts to gather signatures at public locations. Plaintiffs actions, as set forth above, are clearly in violation of NRS 293.710 which is a statute specifically designed to protect the constitutional right to petition in the State of Nevada. Defendants actions in unlawfully preventing and impeding Plaintiffs’ efforts to gather signatures have caused and are causing Plaintiffs to be unable to gather a sufficient number of signatures prior to the deadline for submitting the signatures to the Secretary of State. The cut off for gathering signatures is June 20, 2006. At the current rate of gathering signatures, it appears that, due to the interference, harassment, and illegal activities of the Defendants, that TASC will be unable to gather sufficient signatures in time to qualify for the ballot, since 120,000 signatures are needed, and as set forth in the affidavits attached hereto, many of the petition gatherers’ efforts have been cut in half, (See Exhibit 2, Paragraph 2), by two-thirds (Exhibit 3, Paragraph 10), by half (Exhibit 8), or to almost nothing. (See Exhibit 6, Paragraph 8; and Exhibit 7, Paragraph 10, and Affidavit of Bob Adney, Exhibit 10).

31. According to the Affidavit of Tony Dane, Exhibit 7, ten of his signature gatherers quit during one week. These petitioners had been gathering 15 to 25 signatures an hour, but were threatened by NFN blockers, and therefore, quit. This of course would be a decrease of approximately 1,600 signatures per eight hour day just for Mr. Tony Dane’s crew.

32. This irreparable damage and harm needs to be stopped immediately, and Plaintiffs must be allowed additional and sufficient time to gather signatures.

33. Plaintiffs are asking for a temporary restraining order to be entered immediately to stop the unlawful activities and efforts of Defendants Nevadans for Nevada, Danny Thompson, Chairman, the various groups associated and joined with Nevadans for Nevada, and the individuals both named and unnamed, all of whom are violating NRS 293.710 and disrupting the peaceful gathering of initiative petitions in the State of Nevada, and destroying the intent of the

constitution and laws of the State of Nevada which allow for initiative petitions to be gathered and submitted for the amendment of Nevada’s constitution.

34. Plaintiffs further request that preliminary and permanent injunction be issued by the court at the appropriate time to stop the illegal activities of the Defendants as outlined above.

35. Plaintiffs ask this court to combine the hearing on the preliminary and permanent injunction pursuant to NRCP 65(a)(2).

SECOND CAUSE OF ACTION

(Assault and Battery)

36. Plaintiffs repeat and reallege the allegations in Paragraphs 1 through 35 and make them a part hereof by reference.

37. Plaintiff Nichole Dickens, a resident of Clark County, Nevada, for cause of action against Nevadans for Nevada, and its agent, Willey Doe (last name unknown) states and alleges as follows:

38. That on or about May 2006, a blocker for Nevadans for Nevada, Willey, a very large man, “pushed past me, as I was obtaining a signature, to try to stop the signing and as he did so he almost knocked me down. He physically ran into me. I have a shattered ankle and can’t move very fast. Glitter from my lotion was all across his stomach after he had almost knocked me down. I told him not to push me again. The same day Willie stole one of my clipboards out of a lady’s hand who was trying to read it. He physically grabbed it out of her hands, and he started waving it in the air, yelling, “This is not any good!”

. . . .

39. That the actions of Nevadans for Nevada, by and through their agent, Willey, constitute an assault and battery upon the person of Nichole Dickens, and that Nichole Dickens has been damaged in an amount in excess of $10,000.00 by this assault and battery by the agent of Nevadans of Nevada, Willey Doe.

40. That Plaintiff Bruce Roth, a circulator for TASC, alleges that one of the Nevadans for Nevada blockers physically struck him on the shoulder after the blocker had prevented a person from signing. That this constitutes a battery and has caused damages in excess of $10,000.00 to Bruce Roth.

41. That an agent of Defendants knocked a clipboard out of a hand of Kendrick Foster, which action constitutes a battery and has caused damages in excess of $10,000.00 to Kendrick Foster.

THIRD CAUSE OF ACTION

(Slander)

42. Plaintiffs Nichole Dickens, Bruce Roth, Andre Baker, Andre Baker II, Susan Akeylan, and Harry King repeat and reallege the allegations in Paragraphs 1 through 41 and make them a part hereof by reference.

43. That these Plaintiffs allege that the Defendants and their agents defamed the Plaintiffs by calling them, in the presence of others, liars, crooks, identity thieves, hustlers, con artists, crooked, and saying that the petition is a lie.

44. That these defamatory remarks were uttered and published in the presence of prospective signers of the petitions and that these utterances were capable of being understood as being defamatory to these Plaintiffs. Furthermore, the hearers/potential signers/electors understood the matter in a defamatory sense, thus causing damages to Plaintiffs.

45. That the Defendants and their agents imputed to Plaintiffs conduct, characteristics, and association incompatible with the proper performance of Plaintiffs’ occupation at the time, which was that of a signature gatherer.

46. That these statements by the Defendants and their agents constitute slander per se.

47. That Plaintiffs have been damaged in an amount in excess of $10,000.00 by the slanderous statements of the Defendants.

FOURTH CAUSE OF ACTION

(Intentional Infliction of Emotional Distress)

48. Plaintiffs repeat and reallege the allegations in Paragraphs 1 through 47 and make them a part hereof by reference.

49. Plaintiffs allege that Defendants are guilty of the tort of intentional infliction of emotional distress in that they have engaged in extreme and outrageous conduct with the intention of, or reckless disregard for, causing emotional distress to Plaintiffs, and that Plaintiffs have suffered severe emotional distress as a result of the actions of the Defendants and the Defendants’ agents.

50. That these damages are in an amount in excess of $10,000.00.

FIFTH CAUSE OF ACTION

(Negligent Infliction of Emotional Distress)

51. Plaintiffs repeat and reallege the allegations in Paragraphs 1 through 50 and make them a part hereof by reference.

52. Plaintiffs allege that Defendants and Defendants’ agents have negligently inflicted emotional distress upon Plaintiffs in that their intimidating, aggressive, loud, assaulting, defamatory, threatening, physical behavior have caused emotional distress to Plaintiffs because of the fear and intimidation they suffered and Plaintiffs have thus been damaged in an amount in excess of $10,000.00 on account of the negligent infliction of emotional distress upon them by the Defendants.

SIXTH CAUSE OF ACTION

(Tortious Interference with Contract)

53. Plaintiffs repeat and reallege the allegations in Paragraphs 1 through 52 and make them a part hereof by reference.

54. Defendants have tortiously interfered with the contractual relationship between TASC and its contractual providers of signature gatherers in that NFN has made it impossible or nearly impossible, by its unlawful, tortious, intimidating, fraudulent, and threatening behavior for TASC petition gatherers to obtain signatures on their petitions. That due to this, TASC has had to increase its pay to petition gatherers. As a result, TASC has had to increase the pay of its gatherers, first to two dollars a signature, and now to three dollars a signature, thus causing great economic loss to TASC. Also, Defendants have interfered in the contractual relationships between TASC and the petition gatherers, thus costing the gatherers loss of the money they would have received had they been able to gather petitions without harassment by Defendants.

55. That this tortious behavior is interfering with the contractual relations which Plaintiffs TASC has with its petition gatherers and providers of petition gatherers/circulators, and has caused and will cause damage to Plaintiffs in an amount in excess of $10,000.00.

SEVENTH CAUSE OF ACTION

(Civil Conspiracy)

56. Plaintiffs repeat and reallege the allegations in Paragraphs 1 through 55 and make them a part hereof by reference.

57. Plaintiffs allege that Defendants have combined to perform the actions outlined above, and that they have entered into this concerted action intending to accomplish the unlawful objective of depriving the Plaintiffs of their constitutional and statutorily guaranteed rights to gather initiative petitions to place a constitutional amendment on the ballot, as protected by NRS Chapter 293 and the constitution of the State of Nevada, Article 19.

58. Defendants have furthermore conspired together to violate NRS 293.710 in order to intimidate potential signers of the initiative petition and petition gatherers employed by or volunteering on behalf of TASC.

59. That the Defendants combined together in a civil conspiracy to exercise their concerted action for the purpose of harming Plaintiffs and the general public of the State of Nevada and intended to harm Plaintiffs and the general public of State of Nevada by depriving them of their statutory and constitutional rights, thus damaging the Plaintiffs in an amount in excess of $10,000.00.

EIGHTH CAUSE OF ACTION

(For Temporary Restraining Order, Preliminary and Permanent Injunction Against the Nevada Secretary of State, Dean Heller)

60. Plaintiffs repeat and reallege the allegations in Paragraphs 1 through 59 and make them a part hereof by reference.

61. That Dean Heller, is, at all times, material herein, was, the Secretary of State of the State of Nevada.

62. That NRS 293.124 states as follows:

1. The Secretary of State shall serve as the Chief Officer of Elections for this State. As Chief Officer, the Secretary of State is responsible for the execution and enforcement of the provisions of title 24 of NRS and all other provisions of state and federal law relating to elections in this State.

2. The Secretary of State shall adopt such regulations as are necessary to carry out the provisions of this section.

63. That the Secretary of State has utterly failed to enforce NRS 293.710, thus resulting in great delay, irreparable harm, and monetary damage to Plaintiffs in that he has done nothing

whatsoever to stop the unlawful and illegal conduct of NFN and its agents, although their unlawful behavior has been well publicized.

64. That Secretary of State Heller has a history of failing to enforce the election laws in order to protect the rights of petitioners to gather petitions under chapter 293 and under Article 19 of the Nevada Constitution. That despite repeated requests during election year 2004 to enforce the laws allowing petitions to be gathered in public places, he refused to enforce the law, causing great damage and delay and irreparable harm to other petitioners.

65. That a mandatory injunction should issue commanding Dean Heller to enforce NRS 293.710 and protect the rights of TASC and its agents to gather initiative petition signatures from Nevada voters, and to stop him from refusing to accept these signatures up to 42 days after June 20, 2006, and to stop him from refusing to place the TASC petition on the ballot in November 2006.

. . . .

NINTH CAUSE OF ACTION

(Tortious Violation of Statute)

66. Plaintiffs repeat and reallege the allegations in Paragraphs 1 through 65 and make them a part hereof by reference.

67. That Defendants have tortiously violated NRS 293.710, in that they have intimidated voters, electors, petition signers and potential signers, and petition gatherers/circulators by :

w.  Using or threatening to use force, coercion, violence, restraint or undue influence;

x.  Inflicting or threatening to inflict physical or mental injury, damage, harm or loss upon the person or property of another;

y.  Impeding or preventing, by duress or fraudulent contrivance, the free exercise of the franchise by any voters/electors, and thereby to compel, induce or prevail upon any elector to give or refrain from giving his signature on a petition.

68. That these tortious violations of this statute, as outlined more completely in the body of the complaint, have caused damages in excess of $10,000.00 to Plaintiffs herein, and this court should fashion a civil remedy to enforce the provisions of the statute.

PRAYER FOR RELIEF

Wherefore, Plaintiffs expressively reserving their right to amend their Complaint at the time of trial of the action herein to include all items of damages not yet ascertained, pray for judgment against Defendants, and each of them, as follows:

3.  For a temporary restraining order, a preliminary injunction, and a permanent injunction, all enjoining Defendants from violating NRS 293.710, NRS Chapter 293, and the Constitution of the State of Nevada, Article 19, by harassing, threatening, coercing, restraining, using undue influence against, inflicting and/or threatening to inflict physical and mental injury, damage, harm, or loss upon the person or property of the Plaintiffs and of the voters and electors of the State of Nevada, and by impeding and preventing by duress and fraudulent contrivance the free exercise of the right of the electors of the State of Nevada to sign initiative petitions for the purpose of placing ballot questions on the ballot;

4.  To restrain and enjoin Defendants from physically interfering with Plaintiffs in their attempts to gather signatures at public and other locations, and from acting in any manner which will intimidate, prevent or impede by unlawful or fraudulent means voters/potential signers from signing TASC petitions, unlawfully impede or prevent or deny Plaintiffs’ rights to gather petition signatures, unlawfully impede or prevent or deny Plaintiffs’ access to the ballot, unlawfully impede or prevent or deny Plaintiffs’ rights to talk with potential petition signers, or unlawfully impede or prevent or deny the rights of the citizens and electors of the State of Nevada to sign TASC initiative petitions;

5.  For a temporary restraining order, a preliminary injunction, and a permanent injunction, all enjoining Dean Heller from refusing to accept Plaintiffs’ petition signatures for forty-two days after the usual June 20th deadline, and commanding Dean Heller to enforce NRS 293.710 by protecting the rights of TASC and its agents to collect and gather signatures on its petition and by protecting the rights of the electors/voters/citizens of the State of Nevada to sign such petitions free from intimidation, fear of violence, fraudulent contrivance, or any other illegal or unlawful behavior by Defendants;

6.  For damages in excess of $10,000.00 for assault and battery upon Plaintiffs by Defendants blockers/thugs;

7.  For damages in excess of $10,000.00 for slander of Plaintiffs by blockers/agents of Nevadans for Nevada, named above;

8.  For damages in excess of $10,000.00 for Intentional Infliction of Emotional Distress upon Plaintiffs;

9.  For damages in excess of $10,000.00 for Negligent Infliction of Emotional Distress upon Plaintiffs;

10. For damages in excess of $10,000.00 for Tortious Interference with Contract;

11. For damages in excess of $10,000.00 for Civil Conspiracy to unlawfully violate the constitutional and statutorily protected rights of Plaintiffs under Article 19 of the Nevada Constitution and pursuant to NRS 293.710;

12. For damages in excess of $10,000.00 for tortious violation of Plaintiffs rights pursuant to NRS 293.710;  

11. For general damages in excess of $10,000.00;

12. For special damages according to proof at trial;

13. For attorney’s fees, expert fees, and other costs of suit incurred herein; and

14. For such other relief as to this Court shall seem just and reasonable in the premises.

DATED this ___ day of____________, 2006

    HANSEN & HANSEN, LLC

 

 

   BY: ________________________________

    JOEL F. HANSEN, ESQ.

    Nevada Bar No.1876

    415 South Sixth Street #200

    Las Vegas, NV 89101

    Attorney for Plaintiffs

 

VERIFICATION

ANN O’CONNELL, being first duly sworn on oath, according to law, deposes and says:

That I am the Chairman of TASC (Tax and Spending Control Committee).

13. That I have read the foregoing Complaint and know the contents thereof;

14. That the same is true of my own knowledge, except for those matters therein contained which are stated upon information and belief, and as to those matters, I believe them to be true.

 

_________________________________

    ANN O’CONNELL

 

SUBSCRIBED and SWORN to me on this

____ day of June, 2006.

 

__________________________________

NOTARY PUBLIC