by Ken Gimblin

SACRAMENTO–In what is viewed as probably the biggest victory since the NBA Board of Governors ruled in favor of Sacramento keeping the Kings and avoiding their move to Seattle, a Sacramento Superior Court Judge, Timothy Frawley has said that there were too many flaws in the petitions that were submitted to put an inititative on the ballot asking the voters if public subsidy funds should be used to pay for a new Kings arena.

The 22,938 more than qualified ballots for the initiative appear to be going down to defeat as Frawley said if there were some very minor worded errors he might be able to admit the petitions but there too many flaws and the subsidy measure appears it won’t make the June 2014 ballot, “these petitions are defective in a multitude of ways, collectively there are so many errors” said Frawley to a packed courtroom on Friday.

Frawley concluded the 90 minute hearing and returned to his chambers and will render a decision next week and maybe as soon as Monday or Tuesday. The pro arena groups, the city leaders and supporters of the Kings new arena are cautiously celebrating but are waiting for Frawley’s official decision coming next week.

Frawley said among the errors made the two key errors were that the campaign leaders left their names off the legal required notice which was published in the Sacramento Observer, the campaign letters in the Observer were letting the public know that the petitions were about to circulated and the second issue left out was an “enacting clause” which was suppose to be on the petition to allow the voters know this would become law.

Sacramento City Attorney James Sanchez said that the court statement was a near ruling for victory for the Kings and the city and such a subsidy question not appearing on the ballot would certainly allow the Kings and city to move forward with the new arena, “we appreciate (Judge Frawley’s) thoughtfulness, and that gives us a measure of confidence” said Sanchez

Sacramento Taxpayers Opposed to Pork or STOP attorney Brad Hertz said that although Frawley talked about a multitude of flaws and errors in the wording of the petitions Hertz plans to fight the case until a decision is made by the court, “It’s never over until it’s over, but we were disappointed with some of the priliminary findings, certainly there were no conclusive findings. There were preliminary adverse rulings on some of the mistakes.”

Hertz and STOP realize that if Frawley rules in favor of keeping the measure off the ballot then STOP would plan to appeal. Frawley needs to rule before March 3 so that the city and the Kings can place the new arena issue on the June 2014 election.

Ken Gimblin is covering the Sacramento Kings and Golden State Warriors arena developments for Sportstalk radio