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Judge's decision causes confusion

April 14, 2004

Officials from the Michigan Civil Rights Initiative have conflicting information relating to the future of its petition drive after an Ingham County Circuit Court judge ruled against the petition's language last month.

The organization is petitioning to outlaw race and gender preference practices at state public institutions through a state constitutional amendment.

Leonard Schwartz, treasurer for the organization, announced yesterday in the Libertarian Party of Michigan's online newsletter that the petition drive would be suspended indefinitely.

"After careful consideration of the situation, MCRI decided that continuing the petition drive now would be a waste of time and money," Schwartz said in the statement. "MCRI is temporarily suspending the petition drive until litigation over the petition language is over."

Last month, Judge Paula Manderfield ruled that the State Board of Canvassers shouldn't have approved the language of the initiative petition. The decision quickly was appealed by the Attorney General Mike Cox's office and it is pending a hearing.

Schwartz said the suspension of the petition drive could last anywhere from a few weeks to a few months, depending on how the Court of Appeals rules.

"It doesn't really change anything," he said. "All the signatures are valid."

But Chetly Zarko, director of outreach and development for the initiative, said Schwartz's announcement was incorrect.

"I'm not going to call Mr. Schwartz a liar," he said. "It would be fair to say his statement is inaccurate."

Zarko released a statement regarding Schwartz's claim on behalf of the initiative's steering committee, a group of individuals who direct the initiative. The release said that while the committee was considering alternative courses of action for the petition, it would not commit to any plan until the Court of Appeals reaches a decision.

"We do not feel that Leonard Schwartz, the paid treasurer of MCRI, has authority to speak on behalf of the organization," he wrote in the statement.

The statement also said that Campaign Manager Tim O'Brien would no longer represent the committee.

O'Brien could not be reached for comment Tuesday.

Zarko said that he believes that those who support the initiative will not be discouraged by the confusion.

"There's certainly an issue of disagreement," he said. "The issue of confusion is always an issue when you're dealing with something as hotly politically contested as this."

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