Andrew Saks on Bay Oaks Park

I attended a reception (read: fundraiser) for the Virginia Indigent Defense Coalition last night. On top of learning an awful lot about how this organization works to provide legal services in indigent criminal cases (I understand the Legal Aid Society helps the poor in civil cases), I had the pleasure of meeting Andrew Saks for the first time.

Saks is representing the Bay Oaks Park Committee in its quest to preserve a 21-acre parcel as open space. At this point, the Virginia Supreme Court has agreed to hear an appeal in this case. Saks reiterated to me last night that it may not go that far and that a compromise may be reached instead. If the appeal is heard, it will likely be in March or so, with a decision in early summer. In either case, Saks has agreed to join me for a live blog once a decision is made.

I have not been a participant in the Bay Oaks Park Committee, although I do know a number of the members. I, along with 5,375 others, signed the petition to have the referendum on the issue placed on the ballot. From that perspective, I hope that the Committee does not settle with NRHA and the city on this matter. There is a larger issue at stake here than simply getting the acreage protected: the Norfolk citizens’ right to referendum.

While the Norfolk code provides for the right of referendum, the steps are so onerous that none has succeeded in recent memory. (Ironically, the chief opponent of the Bay Oaks Park Committee is councilman Randy Wright, who tried referendum himself prior to his election to council.) The city code was changed in the 1950s. Prior to that, Norfolk citizens enjoyed a reasonable right to referendum. It is time that we go back in that direction. Any effort that increases the possibility that Norfolk citizens can participate in the decision-making process is a good one.

The fact that our tax dollars are being used to fight the citizens of Norfolk is just appalling. Mr. Saks, on the other hand, is to be applauded for providing his services pro bono.

So to Mr. Saks and the Bay Oaks Park Committee I say this: please don’t settle. You’ve come too far in this battle to lose the war.

Previous posts:
Virginia Supreme Court to hear Bay Oaks Appeal
Update: Bay Oaks Park appeal
Bay Oaks fight not over
Bay Oaks Park: Judge rules petition not valid