Waiting To Step Through The Recall Looking Glass...Again

Here’s a twist right of Alice in Wonderland: City Commissioner Harry Stoltzfus and ex-con Michael Barfield’s comrade in lawsuits, attorney Andrea Mogensen, are actually taking the same position on a legal issue today.

In a saga with more knots than a mullet net, this one is actually not that surprising. Mogensen, known for teaming with Barfield to bully small towns for big dollars, often over insignificant issues, filed an emergency motion with the Second District Court of Appeal basically arguing that Judge Nicholas can stay certification of yesterday’s vote, he just can’t seal it altogether. Commissioner Stoltzfus happens to agree with the desired result if not the legal sufficiency of Mogensen’s argument. His attorney Richard Harrison has this morning filed a response to Mogensen’s emergency motion effectively saying just that. You can read Harrison’s response by clicking HERE. We recommend it.

So, what does this mean?

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What does this mean? Well until it is it isn’t, as they say, so speculation as to how the appellate court will proceed may be folly. But, having said that, it appears the Second District can order that the votes be unsealed and counted by Supervisor of Election Bob Sweat’s office. However, even Mogensen agrees that the crucial and final step of certifying the actual count can remain subject to the stay until the appellate process is concluded one way or the other. In other words, we may know who won the election while we wait for the appeals to conclude, and no one can say when that may be.

The term “win” is an interesting concept here, isn’t it? If Commissioner Stoltzfus was recalled and Mr. Aubry received more votes for the now-vacant seat, is that a “win” for Mr. Aubry? Not if the Second District later tells us the recall petition was seriously flawed and scraps it. Of course, if they do not scrap it the city loses big-time but that’s a subject for another day.

If Mr. Stoltzfus was recalled and then voted back into office what does that say? That folks out there were uncomfortable with what has happened but not uncomfortable enough to sacrifice their city over it? Yes, that would appear to be the distinctly ironic message from that result. Something like, “Hey, a mistake or two was made, we see that, we acknowledge that, but we are not about to throw away our city’s soul over it.”

However, if Mr. Stoltzfus was not recalled yesterday then the city has spoken with acute clarity and a piercing reality will smack a few backsides . Will the bullying, the intimidation, the lurking and the concocted melodrama end? Probably not. But it should give certain development interests pause to reconsider misplaced priorities and ill-conceived entanglements with undesirable and destructive personalities. Perhaps a little spring cleaning as another glorious island fall approaches?

That, my friends, would be a “win” for which no appeal is necessary.

And so we wait to step through the looking glass again.

Bill Yanger