Friday, July 29, 2011

THE WORLDS MOST DANGEROUS FOOT RACE COMES TO THE NBH OF THE MOST DANGEROUS CITY IN AMERICA

The hype on the Warrior dash  Sounds like the spawn of Flint. The Warrior Dash is a mud crawling, fire leaping extreme run from hell!!!




WARRIOR DASH IS THE INTO AND OUT OF HELL




Saturday and Sunday 7/30 & 7/31 2011 at the Evert Cummings center. Known also as the Genesee County Fair Grounds in the past. Starts at 7:30 runs all day Sat and until done on Sunday. I am off to the race 6:18 am Sat. 7/30/11









“Warriot Dash” the event is a mud crawling, fire leaping n extreme run from hell. This fierce running series is held on the most challenged and ruged terrain across the Globe. Warriors conquor extreme obstacles, push their limit and celebrate with Kick Ass music, beer, and warriot helmets. [3]



Warrior Dash is the ultimate event for thrill-seeking athletes. This six-kilometer race is held on the most demanding and unique 143 acres of terrain the Midwest has to offer. Participants will take on 13 intense obstacles and celebrate their feat with music, beer and muddy shorts.[6]



Red Frog Events, a small Lincoln Park marketing company, came up with the idea and expects more than 80,000 participants nationally, a spokesman said. With each paying $45 to $80, some might say that's real frickin' money.[9]





More at





Today I recieved my Media pass for my Blogg "Good Morning Flint" which allows me to post to my Face Book Page and bring pictures here.







Thank you TV 12 for allowing this post.



This pass gets me anywhere on the course. God bless community journalism. I am just having a good time. I might even mud crawl with the participants to get that good shot. Thank You Martha for the rig in the picture.



I learned that there is no spectator admission charge when I picked up the credential, just restricted access to the course.$10 parking charge.



The organizers are favorable with the venue the runners feedback will make the decision to return I am sure.



There are almost 25,000 participants that run in 600 person waves over two days. They do not expect more than 3,000 on site at a time.



I bet the Sat Night Party is real kick butt . This look like real Flintoid stuff, I will see this through. I will post pictures from droid and Nikkon P80. Not exactly heavy duty equipment , I try but do not plan to give up my day job.



But TODAYI will be an embedded community reporter and post pics and thoughts here. Talk later-Terry

see

















Now this was a CRAZY kind of fun!! What I thought would be an 'easy' 5k run with some obstacles thrown in, turned out to be so much MORE!! It was definitely NOT easy and it was definitely not just a couple 'little' obstacles. We had such a blast. It might be best to tell the story in pictures. We were just out there to have fun. Not go fast or set some sort of course record. I couldn't wait to just run for pure fun!![8]



Sounds like Flint on a Friday night, well all except the helments. We are a no helmet. Buts that another story [trb]



This spectsacular event is run by RED FROG EVENTS . They do 1. Refistration Nation, 2.The Great Urban Race, 3. Warrior Dash, and 4.Beach Palooza . They are out of Chicago. 320 W. Ohio St. , Suite 500, CHicago Il 60654. (312)-980-9983.[4]



Obstacles



Completion of all Warrior Dash obstacles may be hazardous. It is the responsibility of the participant to leave the course if they are unable to complete an obstacle.

Course officials are stationed at every obstacle for participant safety.

It is the responsibility of the participant to notify course officials if the participant feels their safety is in danger or they are injured.

Any participant who receives assistance from any spectator or non-competitor on any obstacle shall be ineligible to receive an award.











WITH 26,000 RACERS JUST HOW IS IT DONE?

THE RACERS GO IN Waves



Participants choose their designated wave time at the time of registration. Waves start every 30 minutes.

Participants are responsible for knowing Warrior Dash’s start time and check-in method.

Participants are encouraged to report to their assigned starting location at least 15 minutes prior to the start of their wave.[3]









HOW ARE THE RACERS DIVIDED UP

Divisions



Warrior Dash has the following divisions for men and women:

14-19 35-39 55-59

20-24 40-44 60-64

25-29 45-49 65-69

30-34 50-54 70+



Please note each wave consists of people from every age division. You may register for any available wave regardless of your age. Just choose the time you’d prefer to race when registering![3]



HOW IS TIME KEPT AND WHAT ARE THE RULES

Timing



Chip timing is used to record your time. The chip acts as a miniature transponder and is marked with a unique identification number corresponding to each Warrior. Participant’s time is automatically recorded when crossing the electronic equipment at the start and finish.

Make sure your chip is positioned low to the ground (below the knee) and stays tightly attached to your shoe at the start and finish of the race in order to receive your time. To secure your chip:

Un-lace one of your shoes half-way.

Weave both laces through the open sides of the chip.

Re-lace your shoe tightly. Due to the intensity of Warrior Dash, double-knotting is highly recommended.



Shoes don't have laces? Ask for reinforcements (zip ties) at packet pick-up![3]









WARRIOR DASH WILL ECONOMICALLY BENEFIT GENESEE COUNTY



GENESEE COUNTY, Michigan — Nearly $5 million is expected to benefit Genesee County businesses from this weekend's Warrior Dash event in Genesee Township, according to a study done for the county's Parks and Recreation Commission.[1]



A STUDY SAYS OUR BENEFIT IS $4,875,392



Indianapolis, Ind.-based PROS Consulting LLC has estimated a impact of $4,875,392 from participants, as well as 168 jobs from tourist spending, according to the study.[1]



PARKS AND RECREATION WAS THE BENEFIT IS $6,000,000



Genesee County Parks and Recreation Director Amy McMillan said the figures do not include information of Red Frog employees staying in the area local contractors working on the event and spectators, which could push the total impact to around $6 million.[1]



WHAT DO THESE RACERS WIN?

Warrior Prizes



Top Three Overall

The top three overall times for both males and females win a custom engraved steel Warrior helmet.

Top Three in each Division

The top three times in each age division for males and females win a steel Warrior helmet trophy.

Craziest Costume

Costumes are highly encouraged! Contestants are called on stage where the winner is determined by audience applause. The best costume wins a prize. [3]





A VARIETY OF BUSINESS WILL BENEFIT FROM THE RACE



Businesses, including restaurants and hotels, and non-profit organizations are expected to receive a positive impact from the event that's expected to draw around a combined total of 60,000 participants and spectators. [1]



Area hotels, eateries and other businesses are eagerly anticipating the estimated $4 million-plus economic impact of the nearly 25,000 registered “warriors” and the expected 30,000 spectators attending the competition Saturday and Sunday at the Cummings Center in Genesee Township.

And more than two dozen local nonprofit groups providing volunteers are slated to reap a financial windfall of their own.[2]





Six hotels with 611 rooms along Hill Road, which were listed on the Warrior Dash website, are completely booked for Saturday night, said Mona Murphy, sports sales manager with the Flint Area Convention & Visitors Bureau.[2]

“Besides our hotels, it’s going to impact our restaurants, pubs,” Murphy said. “The atmosphere is so party-like. They want to go some place and celebrate, and it’s a fun time for everybody.”

The area’s last big event —last weekend’s Vintage Chevrolet Club of America celebration in Flint — drew more than 1,600 people for an entire week to local hotels, generating more than $1 million for local businesses.[2]

Now those businesses are counting on many of this weekend’s warriors to eat, drink and shop as well as “dash.”[2]







“It’s great that they’re coming to Flint, because of the impact it’s going to have on the local restaurants, shopping and hotels,” said Sheryl Champine, director of sales for the Holiday Inn Gateway Centre and Courtyard Marriott and Residence Inn in Mundy Township, where a total of 115 room nights have been booked by Warrior Dash participants.

Nagham Yousif, general manager of the Holiday Inn Express on Longway Boulevard in Flint, is looking forward to welcoming the visitors. A block of 44 rooms already has been reserved for participants.[2]

“It’s bringing all different kind of people from cities all around to visit Flint,” Yousif said.[2]





WHERE DO THEY THE RACERS COME FROM





More than 9,000 of the roughly 25,000 participants are traveling from more than 75 miles away, according to the study.[1]



Participants are expected from 44 different states, including Alaska and Hawaii, said Amy McMillan, Genesee County Parks and Recreation director, who noted Wolverine Campground in Columbiaville also is sold out for the weekend.[2]



DOES THIS RACE INTO AND OUT OF HELL HAVE RULES? Rules & Guidelines



The following rules and guidelines are intended to help create a fun and safe event for all participants.

Participants must abide by all instructions given from the race director, race staff, volunteers and medical personnel.

Participants understand and acknowledge Warrior Dash is an extreme event and accept all risks associated with the event.

Participants must be physically able to complete the course and all obstacles.

Participants must be 14 years-old or older on race day in order to participate.

Participants must wear the provided Warrior Dash bib number clearly shown on the front. No participant will be allowed to race without an official bib number.

Several videographers and photographers are stationed along the course. Participants agree to allow the event producer (Red Frog Events) to use any pictures or video footage of the event for future promotional purposes.

Baby joggers, baby strollers, in-line skates, bicycles, skateboards or any other type of wheeled device are strictly prohibited on the course.

Urinating or defecating on or anywhere near the course is strictly prohibited.

Registration is closed when the maximum capacity is reached.[3]



Warrior Safety



Warrior Dash medical personnel may examine any participant who appears to be injured or suffering. The medical personnel may remove any participant from the event if in the opinion of the medical personnel the participant needs to be removed.

Participants assume all responsibility for all medical expenses incurred as a result of training and/or participating in Warrior Dash, including but not limited to hospitalization, ambulance transportation or physician services.

The event producers (Red Frog Events) reserve the right to cancel or delay the race due to severe weather or in the event of a disaster.

We highly recommend participants wear running shoes. Participants should dress appropriately.[3]





HAVE THERE BEEN INJURIES



Running 10 miles through cold, wet, muddy conditions; navigating obstacles which include dodging live electrical wires, sprinting through “Fire Walks,” and crossing muddy pits by climbing across “Funky Monkey” bars which have been greased with butter at random intervals; does this sound like a fun way to spend your weekend? For many people, it does. Last weekend at Bear Creek, Pennsylvania, approximately 10,000 people came out to compete in the Tough Mudder race, which included the events described above, plus about a dozen more. Unfortunately for many participants, races such as these may also include serious injuries.[7]



A fully staffed medical tent is on-site, and two ambulances are assigned as well, said Alex Yount, a Red Frog spokesman who directs some of the Warrior Dashes. He said there are usually bruises and minor burns but few serious injuries.[9]





For people who want more of a challenge than traditional races like a 5K or the Broad Street Run, events like the Tough Mudder, Muddy Buddy, and Warrior Dash have started to appear across the country. These competitions offer a new twist: a long, grueling race course, filled with mud, cold water, fire, and other obstacles limited only by the organizers’ imaginations. Unfortunately, while competitors at these races expect to find a tough but enjoyable race course, some participants may end up getting seriously injured. For instance, at the recent Tough Mudder in Bear Creek, Pennsylvania, the Funky Monkey was reportedly shut down after participants suffered injuries including sprained or broken ankles and broken legs. There were reports of dozens of injuries which required medical assistance.[7]







HOW MUCH DOES A VISITOR SPEND



Estimates of $180 spent per race visitor are based on a regional input-output modeling system from the U.S. Department of Commerce's Bureau of Economic Analysis including zip code data of registered race participants. [1]





AREA NON PROFITS BENEFIT

Also reaping the financial benefits of the event will be more than two-dozen local nonprofit groups that are providing volunteers for the event.[2]



Groups that supply 25 or more volunteers will get up to $1,200 from Chicago, Ill.-based Red Frog Events, said race director Ryan Mortimer. If the groups volunteer for each of the four scheduled shifts, they can make up to $4,800.[2]



“We like to keep everything as local as we can,” Mortimer said. “It’s a great way to help staff the event and give local charities a way to raise money and have fun while doing it.”[2]



The offer prompted Jon Manse, director of community services for Catholic Charities of Shiawassee & Genesee Counties, to recruit 35 volunteers from the North End Soup Kitchen.

“It is important for us to take advantage of fundraising opportunities because without them, many of our programs or services would not be funded,” Manse said.[2]





The agency will use the money for a seven-week Catholic Charities summer camp for up to 40 children between 5 and 12 at St. Mary’s Catholic School in Mt. Morris.[2]





“This is our first year with the Warrior Dash and (we) hope to make it an annual event,” Manse said.[2]





The Mt. Morris Knights of Columbus and the Flint Powers Catholic cross-country runners teamed up to volunteer.[2]



“We’re kind of tight for money and we’re always looking for ways to make ends meet,” said Tim Murphy, deputy grand marshal for the Knights group.[2]



The group will split the money with the cross country team and donate part of their funds to a local soup kitchen.[2]



Even one small business in Oakland County may be feeling the Dash’s economic impact.

Lloyd “Ed” Coe, owner of Ed’s Broadway Gift and Costume in Lake Orion, noted Viking accessories have been flying off the shelves at the costume shop recently.[2]

VIKING HELEMENT

“We had a run on Viking helmets, so maybe that’s associated with that,” Coe said. “I know a lot of people have also been buying Viking costumes.” [2]



WHO RUNS THE GROUP RUNNING THIS EVENT

Title/Organization:

Joe Reynolds, Owner, Red Frog Events



Years in industry:

3 years



Years in current position:

3 years



What is the mission of your organization?

We create fun and extraordinary events through innovation, creativity, and top-notch participant service, while laughing all the way.



What events does your organization hold?

We offer two types of events, Great Urban Race, which was our first event, and our newest event, Warrior Dash. Great Urban Race is a scavenger hunt in which teams of two race all over a city while trying to solve 12 clues. There’s no set course, since the racers determine their own path as they solve the clues, but the length is generally somewhere around six miles. Winners finish in one and a half to three hours, while the majority come in somewhere between three and four hours. The race has grown tremendously since its start three years ago, when we held eight races. We more than doubled that in 2008 with 20 races, and we added a national championship. This year we added another city and have plans to add three more in 2010.



Warrior Dash was inspired by several competitions: Navy SEALs training, American Gladiators, Eco-Challenge and Ironman. The idea is to create the ultimate event for thrill-seeking athletes. We seek out the nation's most demanding and unique terrain and set competitors loose on it, conquering extreme obstacles like fire and barbed wire-covered mud pits, and then we celebrate with music, beer, warrior helmets and muddy shorts. We started planning the first Warrior Dash last year, a test race at a paintball course in Joliet, Illinois, and capped participation at 2000, which sold out. Logistically, it’s a challenge to start all those runners at once, so we do waves of 500 racers, then finish with a big party and awards ceremony at the end. After the success of the first Warrior Dash, we planned a series of nine races nationwide in 2010.



Nationally, how many participants do you have?

For Great Urban Race, we anticipate 17,000 in 2010; for Warrior Dash, we expect 60,000.



How many events are held each year?

In 2010, we will host 24 Great Urban Race events and nine Warrior Dash events.[5]



In what regions/locations are they held?

Great Urban Race is held in the heart of the biggest cities across the country. The event begins and ends at a restaurant or a park and can go basically anywhere in the city from there. For Warrior Dash, we look for a facility that offers one-of-a-kind terrain, at least 200 acres of it. Think ski resorts, paintball fields and the like. We’re even renting a nudist colony for one of next year’s Warrior Dash events.[5]



From an event management standpoint, what is the most challenging aspect of your job?

Our biggest and most important challenge is ensuring every single participant has a positive race experience by thinking about possible problems before they happen.[5]



What is the most rewarding aspect of your job?

Red Frog Events was a one-person business when it started, so seeing it grow into a multi-million dollar business has been very rewarding.[5]



What is your biggest challenge in organizing your organization's events?

We are always looking for venues for our unique events that have a good location and can provide a fun day for participants.[5]



WHAT HAPPENS IF SOMEONE GETS HURT? HERES THE WAIVER THE RUNNERS SIGN



Waiver and Release





1. I understand that entering Warrior Dash is a hazardous activity.

2. I agree not to participate unless I am medically able.

3. I agree to abide by any decision of a race official relative to my ability to safely complete the race.

4. I agree to obey all civil and criminal laws at all times.

5. I assume all risks associated with competing in Warrior Dash, including but not limited to falls, contact with other participants, completing all obstacles, the effects of the weather, including high heat and/or humidity, all such risks being known and appreciated by me.

6. I understand and will abide by the rule that no wheeled baby conveyances or other wheeled means of conveyance, or pets are permitted in the race.

7. I grant permission to all of the foregoing to use any photographs, motion pictures, recordings or any other record of this event for any legitimate purpose including but not limited to promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event and are and will become the sole property of Warrior Dash. 8. I understand that all entries are final with no refunds.

9. The official race director reserves the right in any event of emergency or local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees.

10. Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. Warrior Dash may dismiss anyone whose behavior endangers safety or negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind.



Waiver & Release of all claims & assumption of risk I recognize and acknowledge that there are certain risks of physical injury to participants in Warrior Dash, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I or my minor child/ward may have (or accrue to me or my child/ward) as a result of participating in these activities against Red Frog Events, Inc. including its officials, agents, volunteers, sponsors, and employees (hereinafter collectively referred to as Red Frog Events). I do hereby fully release and forever discharge Red Frog Events from any and all claims for injuries, damages, or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ ward and arising out of, connected with, or in any way associated with the race, program or activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. When registering online, your online signature shall substitute for and have the same legal effect as an original form signature. PARTICIPATION WILL BE DENIED, if the Signature of an adult participant or parent/guardian and date are not signed at the time and place of the race Red Frog Events is committed to conducting its race and activities in a safe manner and holds the safety of participants in high regard. Red Frog Events continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/guardians of minors registering for the race, programs/activities must recognize that there is an inherent risk of injury when choosing to participate in recreational activities/programs. You are solely responsible for determining if you or your minor child/ward is physically fit and/or skilled for the race or activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant or disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. I do hereby fully release and forever discharge Red Frog Events from any and all claims for injuries, damages or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with these programs/activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.



PARENT / GUARDIAN AGREEMENT FORM I, the parent, guardian, or teammates of the above named participant, hereby give my approval to this child’s participation in the race and its activities. I assume all risks and hazards incidental to such participation in Warrior Dash, and I hereby waive, release, absolve, indemnify, and agree to hold harmless Red Frog Events, Inc., its officers, heirs, assigns, administrators, personal representatives and executors, firms, corporations, businesses, and past and present employees, owners, agents, shareholders, volunteers, administrators, sponsors, supervisors, participants, all city, county, and state governments, and all sponsors, their representatives and successors and others persons, for any claim arising or of an injury to my/our child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, contracts, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child(ren) participation in this event. I consent to the foregoing and grant permission for him/her to participate in Warrior Dash. I acknowledge I have carefully read, accepted and agreed to the terms on this Release and Liability waiver, and know and understand their contents and I sign the same on my own free act and deed.[6]



Participants who are seriously injured at a race may require extensive medical treatment, may miss work, and may suffer injuries which never fully heal. Unfortunately for competitors who have been injured, these events generally require participants to sign a waiver releasing the organizers from any liability. A release, or exculpatory clause, may prevent a person from recovering their damages in a lawsuit, even in cases of negligence.[7]











[1]







[2]





[3]



[4]



[5]





[6]





[7]





[8]





[9]

































“It’s great that they’re coming to Flint, because of the impact it’s going to have on the local restaurants, shopping and hotels,” said Sheryl Champine, director of sales for the Holiday Inn Gateway Centre and Courtyard Marriott and Residence Inn in Mundy Township, where a total of 115 room nights have been booked by Warrior Dash participants.









Nagham Yousif, general manager of the Holiday Inn Express on Longway Boulevard in Flint, is looking forward to welcoming the visitors. A block of 44 rooms already has been reserved for participants.[2]









“It’s bringing all different kind of people from cities all around to visit Flint,” Yousif said.[2]

































WHERE DO THEY THE RACERS COME FROM

































More than 9,000 of the roughly 25,000 participants are traveling from more than 75 miles away, according to the study.[1]





















Participants are expected from 44 different states, including Alaska and Hawaii, said Amy McMillan, Genesee County Parks and Recreation director, who noted Wolverine Campground in Columbiaville also is sold out for the weekend.[2]





















DOES THIS RACE INTO AND OUT OF HELL HAVE RULES? Rules & Guidelines





















The following rules and guidelines are intended to help create a fun and safe event for all participants.









Participants must abide by all instructions given from the race director, race staff, volunteers and medical personnel.









Participants understand and acknowledge Warrior Dash is an extreme event and accept all risks associated with the event.









Participants must be physically able to complete the course and all obstacles.









Participants must be 14 years-old or older on race day in order to participate.









Participants must wear the provided Warrior Dash bib number clearly shown on the front. No participant will be allowed to race without an official bib number.









Several videographers and photographers are stationed along the course. Participants agree to allow the event producer (Red Frog Events) to use any pictures or video footage of the event for future promotional purposes.









Baby joggers, baby strollers, in-line skates, bicycles, skateboards or any other type of wheeled device are strictly prohibited on the course.









Urinating or defecating on or anywhere near the course is strictly prohibited.









Registration is closed when the maximum capacity is reached.[3]





















Warrior Safety





















Warrior Dash medical personnel may examine any participant who appears to be injured or suffering. The medical personnel may remove any participant from the event if in the opinion of the medical personnel the participant needs to be removed.









Participants assume all responsibility for all medical expenses incurred as a result of training and/or participating in Warrior Dash, including but not limited to hospitalization, ambulance transportation or physician services.









The event producers (Red Frog Events) reserve the right to cancel or delay the race due to severe weather or in the event of a disaster.









We highly recommend participants wear running shoes. Participants should dress appropriately.[3]





































































HOW MUCH DOES A VISITOR SPEND





















Estimates of $180 spent per race visitor are based on a regional input-output modeling system from the U.S. Department of Commerce's Bureau of Economic Analysis including zip code data of registered race participants. [1]

































AREA NON PROFITS BENEFIT









Also reaping the financial benefits of the event will be more than two-dozen local nonprofit groups that are providing volunteers for the event.[2]





















Groups that supply 25 or more volunteers will get up to $1,200 from Chicago, Ill.-based Red Frog Events, said race director Ryan Mortimer. If the groups volunteer for each of the four scheduled shifts, they can make up to $4,800.[2]





















“We like to keep everything as local as we can,” Mortimer said. “It’s a great way to help staff the event and give local charities a way to raise money and have fun while doing it.”[2]





















The offer prompted Jon Manse, director of community services for Catholic Charities of Shiawassee & Genesee Counties, to recruit 35 volunteers from the North End Soup Kitchen.









“It is important for us to take advantage of fundraising opportunities because without them, many of our programs or services would not be funded,” Manse said.[2]

































The agency will use the money for a seven-week Catholic Charities summer camp for up to 40 children between 5 and 12 at St. Mary’s Catholic School in Mt. Morris.[2]

































“This is our first year with the Warrior Dash and (we) hope to make it an annual event,” Manse said.[2]

































The Mt. Morris Knights of Columbus and the Flint Powers Catholic cross-country runners teamed up to volunteer.[2]





















“We’re kind of tight for money and we’re always looking for ways to make ends meet,” said Tim Murphy, deputy grand marshal for the Knights group.[2]





















The group will split the money with the cross country team and donate part of their funds to a local soup kitchen.[2]





















Even one small business in Oakland County may be feeling the Dash’s economic impact.









Lloyd “Ed” Coe, owner of Ed’s Broadway Gift and Costume in Lake Orion, noted Viking accessories have been flying off the shelves at the costume shop recently.[2]









VIKING HELEMENT









“We had a run on Viking helmets, so maybe that’s associated with that,” Coe said. “I know a lot of people have also been buying Viking costumes.” [2]





















WHO RUNS THE GROUP RUNNING THIS EVENT









Title/Organization:









Joe Reynolds, Owner, Red Frog Events





















Years in industry:









3 years





















Years in current position:









3 years





















What is the mission of your organization?









We create fun and extraordinary events through innovation, creativity, and top-notch participant service, while laughing all the way.





















What events does your organization hold?









We offer two types of events, Great Urban Race, which was our first event, and our newest event, Warrior Dash. Great Urban Race is a scavenger hunt in which teams of two race all over a city while trying to solve 12 clues. There’s no set course, since the racers determine their own path as they solve the clues, but the length is generally somewhere around six miles. Winners finish in one and a half to three hours, while the majority come in somewhere between three and four hours. The race has grown tremendously since its start three years ago, when we held eight races. We more than doubled that in 2008 with 20 races, and we added a national championship. This year we added another city and have plans to add three more in 2010.





















Warrior Dash was inspired by several competitions: Navy SEALs training, American Gladiators, Eco-Challenge and Ironman. The idea is to create the ultimate event for thrill-seeking athletes. We seek out the nation's most demanding and unique terrain and set competitors loose on it, conquering extreme obstacles like fire and barbed wire-covered mud pits, and then we celebrate with music, beer, warrior helmets and muddy shorts. We started planning the first Warrior Dash last year, a test race at a paintball course in Joliet, Illinois, and capped participation at 2000, which sold out. Logistically, it’s a challenge to start all those runners at once, so we do waves of 500 racers, then finish with a big party and awards ceremony at the end. After the success of the first Warrior Dash, we planned a series of nine races nationwide in 2010.





















Nationally, how many participants do you have?









For Great Urban Race, we anticipate 17,000 in 2010; for Warrior Dash, we expect 60,000.





















How many events are held each year?









In 2010, we will host 24 Great Urban Race events and nine Warrior Dash events.[5]





















In what regions/locations are they held?









Great Urban Race is held in the heart of the biggest cities across the country. The event begins and ends at a restaurant or a park and can go basically anywhere in the city from there. For Warrior Dash, we look for a facility that offers one-of-a-kind terrain, at least 200 acres of it. Think ski resorts, paintball fields and the like. We’re even renting a nudist colony for one of next year’s Warrior Dash events.[5]





















From an event management standpoint, what is the most challenging aspect of your job?









Our biggest and most important challenge is ensuring every single participant has a positive race experience by thinking about possible problems before they happen.[5]





















What is the most rewarding aspect of your job?









Red Frog Events was a one-person business when it started, so seeing it grow into a multi-million dollar business has been very rewarding.[5]





















What is your biggest challenge in organizing your organization's events?









We are always looking for venues for our unique events that have a good location and can provide a fun day for participants.[5]





















WHAT HAPPENS IF SOMEONE GETS HURT? HERES THE WAIVER THE RUNNERS SIGN





















Waiver and Release

































1. I understand that entering Warrior Dash is a hazardous activity.









2. I agree not to participate unless I am medically able.









3. I agree to abide by any decision of a race official relative to my ability to safely complete the race.









4. I agree to obey all civil and criminal laws at all times.









5. I assume all risks associated with competing in Warrior Dash, including but not limited to falls, contact with other participants, completing all obstacles, the effects of the weather, including high heat and/or humidity, all such risks being known and appreciated by me.









6. I understand and will abide by the rule that no wheeled baby conveyances or other wheeled means of conveyance, or pets are permitted in the race.









7. I grant permission to all of the foregoing to use any photographs, motion pictures, recordings or any other record of this event for any legitimate purpose including but not limited to promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event and are and will become the sole property of Warrior Dash. 8. I understand that all entries are final with no refunds.









9. The official race director reserves the right in any event of emergency or local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees.









10. Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. Warrior Dash may dismiss anyone whose behavior endangers safety or negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind.





















Waiver & Release of all claims & assumption of risk I recognize and acknowledge that there are certain risks of physical injury to participants in Warrior Dash, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I or my minor child/ward may have (or accrue to me or my child/ward) as a result of participating in these activities against Red Frog Events, Inc. including its officials, agents, volunteers, sponsors, and employees (hereinafter collectively referred to as Red Frog Events). I do hereby fully release and forever discharge Red Frog Events from any and all claims for injuries, damages, or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ ward and arising out of, connected with, or in any way associated with the race, program or activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. When registering online, your online signature shall substitute for and have the same legal effect as an original form signature. PARTICIPATION WILL BE DENIED, if the Signature of an adult participant or parent/guardian and date are not signed at the time and place of the race Red Frog Events is committed to conducting its race and activities in a safe manner and holds the safety of participants in high regard. Red Frog Events continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/guardians of minors registering for the race, programs/activities must recognize that there is an inherent risk of injury when choosing to participate in recreational activities/programs. You are solely responsible for determining if you or your minor child/ward is physically fit and/or skilled for the race or activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant or disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. I do hereby fully release and forever discharge Red Frog Events from any and all claims for injuries, damages or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with these programs/activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.





















PARENT / GUARDIAN AGREEMENT FORM I, the parent, guardian, or teammates of the above named participant, hereby give my approval to this child’s participation in the race and its activities. I assume all risks and hazards incidental to such participation in Warrior Dash, and I hereby waive, release, absolve, indemnify, and agree to hold harmless Red Frog Events, Inc., its officers, heirs, assigns, administrators, personal representatives and executors, firms, corporations, businesses, and past and present employees, owners, agents, shareholders, volunteers, administrators, sponsors, supervisors, participants, all city, county, and state governments, and all sponsors, their representatives and successors and others persons, for any claim arising or of an injury to my/our child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, contracts, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child(ren) participation in this event. I consent to the foregoing and grant permission for him/her to participate in Warrior Dash. I acknowledge I have carefully read, accepted and agreed to the terms on this Release and Liability waiver, and know and understand their contents and I sign the same on my own free act and deed.[6]





























































































[1]









http://www.mlive.com/news/flint/index.ssf/2011/07/economic_impact_analysis_shows.html#incart_hbx







































[2]





















http://www.mlive.com/news/flint/index.ssf/2011/07/post_223.html















[3]









http://www.warriordash.com/















[4]









http://www.redfrogevents.com/















[5]









http://www.sportsdestinations.com/ID-104-articledetails.aspx



























[6]





















https://www.signmeup.com/site/reg/register.aspx?fid=GD2V6K7









































“It’s great that they’re coming to Flint, because of the impact it’s going to have on the local restaurants, shopping and hotels,” said Sheryl Champine, director of sales for the Holiday Inn Gateway Centre and Courtyard Marriott and Residence Inn in Mundy Township, where a total of 115 room nights have been booked by Warrior Dash participants.









Nagham Yousif, general manager of the Holiday Inn Express on Longway Boulevard in Flint, is looking forward to welcoming the visitors. A block of 44 rooms already has been reserved for participants.[2]









“It’s bringing all different kind of people from cities all around to visit Flint,” Yousif said.[2]

































WHERE DO THEY THE RACERS COME FROM

































More than 9,000 of the roughly 25,000 participants are traveling from more than 75 miles away, according to the study.[1]





















Participants are expected from 44 different states, including Alaska and Hawaii, said Amy McMillan, Genesee County Parks and Recreation director, who noted Wolverine Campground in Columbiaville also is sold out for the weekend.[2]





















DOES THIS RACE INTO AND OUT OF HELL HAVE RULES? Rules & Guidelines





















The following rules and guidelines are intended to help create a fun and safe event for all participants.









Participants must abide by all instructions given from the race director, race staff, volunteers and medical personnel.









Participants understand and acknowledge Warrior Dash is an extreme event and accept all risks associated with the event.









Participants must be physically able to complete the course and all obstacles.









Participants must be 14 years-old or older on race day in order to participate.









Participants must wear the provided Warrior Dash bib number clearly shown on the front. No participant will be allowed to race without an official bib number.









Several videographers and photographers are stationed along the course. Participants agree to allow the event producer (Red Frog Events) to use any pictures or video footage of the event for future promotional purposes.









Baby joggers, baby strollers, in-line skates, bicycles, skateboards or any other type of wheeled device are strictly prohibited on the course.









Urinating or defecating on or anywhere near the course is strictly prohibited.









Registration is closed when the maximum capacity is reached.[3]





















Warrior Safety





















Warrior Dash medical personnel may examine any participant who appears to be injured or suffering. The medical personnel may remove any participant from the event if in the opinion of the medical personnel the participant needs to be removed.









Participants assume all responsibility for all medical expenses incurred as a result of training and/or participating in Warrior Dash, including but not limited to hospitalization, ambulance transportation or physician services.









The event producers (Red Frog Events) reserve the right to cancel or delay the race due to severe weather or in the event of a disaster.









We highly recommend participants wear running shoes. Participants should dress appropriately.[3]





































































HOW MUCH DOES A VISITOR SPEND





















Estimates of $180 spent per race visitor are based on a regional input-output modeling system from the U.S. Department of Commerce's Bureau of Economic Analysis including zip code data of registered race participants. [1]

































AREA NON PROFITS BENEFIT









Also reaping the financial benefits of the event will be more than two-dozen local nonprofit groups that are providing volunteers for the event.[2]





















Groups that supply 25 or more volunteers will get up to $1,200 from Chicago, Ill.-based Red Frog Events, said race director Ryan Mortimer. If the groups volunteer for each of the four scheduled shifts, they can make up to $4,800.[2]





















“We like to keep everything as local as we can,” Mortimer said. “It’s a great way to help staff the event and give local charities a way to raise money and have fun while doing it.”[2]





















The offer prompted Jon Manse, director of community services for Catholic Charities of Shiawassee & Genesee Counties, to recruit 35 volunteers from the North End Soup Kitchen.









“It is important for us to take advantage of fundraising opportunities because without them, many of our programs or services would not be funded,” Manse said.[2]

































The agency will use the money for a seven-week Catholic Charities summer camp for up to 40 children between 5 and 12 at St. Mary’s Catholic School in Mt. Morris.[2]

































“This is our first year with the Warrior Dash and (we) hope to make it an annual event,” Manse said.[2]

































The Mt. Morris Knights of Columbus and the Flint Powers Catholic cross-country runners teamed up to volunteer.[2]





















“We’re kind of tight for money and we’re always looking for ways to make ends meet,” said Tim Murphy, deputy grand marshal for the Knights group.[2]





















The group will split the money with the cross country team and donate part of their funds to a local soup kitchen.[2]





















Even one small business in Oakland County may be feeling the Dash’s economic impact.









Lloyd “Ed” Coe, owner of Ed’s Broadway Gift and Costume in Lake Orion, noted Viking accessories have been flying off the shelves at the costume shop recently.[2]









VIKING HELEMENT









“We had a run on Viking helmets, so maybe that’s associated with that,” Coe said. “I know a lot of people have also been buying Viking costumes.” [2]





















WHO RUNS THE GROUP RUNNING THIS EVENT









Title/Organization:









Joe Reynolds, Owner, Red Frog Events





















Years in industry:









3 years





















Years in current position:









3 years





















What is the mission of your organization?









We create fun and extraordinary events through innovation, creativity, and top-notch participant service, while laughing all the way.





















What events does your organization hold?









We offer two types of events, Great Urban Race, which was our first event, and our newest event, Warrior Dash. Great Urban Race is a scavenger hunt in which teams of two race all over a city while trying to solve 12 clues. There’s no set course, since the racers determine their own path as they solve the clues, but the length is generally somewhere around six miles. Winners finish in one and a half to three hours, while the majority come in somewhere between three and four hours. The race has grown tremendously since its start three years ago, when we held eight races. We more than doubled that in 2008 with 20 races, and we added a national championship. This year we added another city and have plans to add three more in 2010.





















Warrior Dash was inspired by several competitions: Navy SEALs training, American Gladiators, Eco-Challenge and Ironman. The idea is to create the ultimate event for thrill-seeking athletes. We seek out the nation's most demanding and unique terrain and set competitors loose on it, conquering extreme obstacles like fire and barbed wire-covered mud pits, and then we celebrate with music, beer, warrior helmets and muddy shorts. We started planning the first Warrior Dash last year, a test race at a paintball course in Joliet, Illinois, and capped participation at 2000, which sold out. Logistically, it’s a challenge to start all those runners at once, so we do waves of 500 racers, then finish with a big party and awards ceremony at the end. After the success of the first Warrior Dash, we planned a series of nine races nationwide in 2010.





















Nationally, how many participants do you have?









For Great Urban Race, we anticipate 17,000 in 2010; for Warrior Dash, we expect 60,000.





















How many events are held each year?









In 2010, we will host 24 Great Urban Race events and nine Warrior Dash events.[5]





















In what regions/locations are they held?









Great Urban Race is held in the heart of the biggest cities across the country. The event begins and ends at a restaurant or a park and can go basically anywhere in the city from there. For Warrior Dash, we look for a facility that offers one-of-a-kind terrain, at least 200 acres of it. Think ski resorts, paintball fields and the like. We’re even renting a nudist colony for one of next year’s Warrior Dash events.[5]





















From an event management standpoint, what is the most challenging aspect of your job?









Our biggest and most important challenge is ensuring every single participant has a positive race experience by thinking about possible problems before they happen.[5]





















What is the most rewarding aspect of your job?









Red Frog Events was a one-person business when it started, so seeing it grow into a multi-million dollar business has been very rewarding.[5]





















What is your biggest challenge in organizing your organization's events?









We are always looking for venues for our unique events that have a good location and can provide a fun day for participants.[5]





















WHAT HAPPENS IF SOMEONE GETS HURT? HERES THE WAIVER THE RUNNERS SIGN





















Waiver and Release

































1. I understand that entering Warrior Dash is a hazardous activity.









2. I agree not to participate unless I am medically able.









3. I agree to abide by any decision of a race official relative to my ability to safely complete the race.









4. I agree to obey all civil and criminal laws at all times.









5. I assume all risks associated with competing in Warrior Dash, including but not limited to falls, contact with other participants, completing all obstacles, the effects of the weather, including high heat and/or humidity, all such risks being known and appreciated by me.









6. I understand and will abide by the rule that no wheeled baby conveyances or other wheeled means of conveyance, or pets are permitted in the race.









7. I grant permission to all of the foregoing to use any photographs, motion pictures, recordings or any other record of this event for any legitimate purpose including but not limited to promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event and are and will become the sole property of Warrior Dash. 8. I understand that all entries are final with no refunds.









9. The official race director reserves the right in any event of emergency or local or national disaster to cancel the race and in the event of cancellation or change there is no refund of entry fees.









10. Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. Warrior Dash may dismiss anyone whose behavior endangers safety or negatively endangers safety or negatively affects a race, a person, a facility, or property of any type or kind.





















Waiver & Release of all claims & assumption of risk I recognize and acknowledge that there are certain risks of physical injury to participants in Warrior Dash, and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I or my minor child/ward may have (or accrue to me or my child/ward) as a result of participating in these activities against Red Frog Events, Inc. including its officials, agents, volunteers, sponsors, and employees (hereinafter collectively referred to as Red Frog Events). I do hereby fully release and forever discharge Red Frog Events from any and all claims for injuries, damages, or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ ward and arising out of, connected with, or in any way associated with the race, program or activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. When registering online, your online signature shall substitute for and have the same legal effect as an original form signature. PARTICIPATION WILL BE DENIED, if the Signature of an adult participant or parent/guardian and date are not signed at the time and place of the race Red Frog Events is committed to conducting its race and activities in a safe manner and holds the safety of participants in high regard. Red Frog Events continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants’ safety. However, participants and parents/guardians of minors registering for the race, programs/activities must recognize that there is an inherent risk of injury when choosing to participate in recreational activities/programs. You are solely responsible for determining if you or your minor child/ward is physically fit and/or skilled for the race or activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant or disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. I do hereby fully release and forever discharge Red Frog Events from any and all claims for injuries, damages or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with these programs/activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.





















PARENT / GUARDIAN AGREEMENT FORM I, the parent, guardian, or teammates of the above named participant, hereby give my approval to this child’s participation in the race and its activities. I assume all risks and hazards incidental to such participation in Warrior Dash, and I hereby waive, release, absolve, indemnify, and agree to hold harmless Red Frog Events, Inc., its officers, heirs, assigns, administrators, personal representatives and executors, firms, corporations, businesses, and past and present employees, owners, agents, shareholders, volunteers, administrators, sponsors, supervisors, participants, all city, county, and state governments, and all sponsors, their representatives and successors and others persons, for any claim arising or of an injury to my/our child and from any and all claims, causes of actions, obligations, lawsuits, charges, complaints, contracts, controversies, covenants, agreements, promises, damages, costs, expenses, responsibilities, of whatsoever kind, nature or description, whether, direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, from all claims or liabilities of any kind arising out of or connected with my child(ren) participation in this event. I consent to the foregoing and grant permission for him/her to participate in Warrior Dash. I acknowledge I have carefully read, accepted and agreed to the terms on this Release and Liability waiver, and know and understand their contents and I sign the same on my own free act and deed.[6]





























































































[1]









http://www.mlive.com/news/flint/index.ssf/2011/07/economic_impact_analysis_shows.html#incart_hbx







































[2]





















http://www.mlive.com/news/flint/index.ssf/2011/07/post_223.html















[3]









http://www.warriordash.com/















[4]









http://www.redfrogevents.com/















[5]









http://www.sportsdestinations.com/ID-104-articledetails.aspx



























[6]





















https://www.signmeup.com/site/reg/register.aspx?fid=GD2V6K7








Sphere: Related Content

EMERGENCY MANAGERS FOR MICHIGAN CITIES IS A GET RICH SCHEME FOR REPUBLICAN FINANCIAL MANAGERS AND BIG LAW FIRMS, UNIONS AND LIBERALS YOU NEED TO SHOW SOME BACKBONE ON THIS ONE.


On March 16 of this year, Governor Snyder signed into law the Local Government and
School District Accountability Act (hereafter referred to as Public Act no. 4). This law allows the governor to put local governments and schools under financial review.[2]

This article is posted by Terry Bankert a Genesee County , Flint Lawyer ,I m a a former City of Flint Ombudsman. This law is bad and must be overturned ad until then fought in the courts and politically on the streets. Labor Unions, liberals, libertarians, democrates and people that care about democracy must consider joining this fight. Interested  contact terry@attorneybankert.com, http://www.attorneybankert.com/, 1-810-235-1970. But why reinvent the wheel I would like to join in the fight with those that are already there.

Following are notes to be followed up with a series of articals and recommenddations onhow this battle can be won.
NOTES....FULLY CITED BY COMMENTS ARE IN BLOCK CAPS OR cited [trb] I will cites date and time of drafts here 7:32 07/29/11




If the appointed financial reviewers determine that the local entity is in sufficient financial trouble, the local government or school board will be disbanded and governance will be assumed by appointed officials—the so-called Emergency Managers. [2]



A recently enacted Michigan law permitting the state's governor to appoint emergency managers to replace the governments of municipalities in dire financial straits violates the Michigan Constitution, according to a lawsuit filed June 22 against Gov. Rick Snyder (R) and Treasurer Andrew Dillon (D) by a group of Michigan residents (Brown v. Snyder, Mich. Cir. Ct., No. 11-000685-CZ, complaint filed 6/22/11).[3]

The 28 plaintiffs—including a city commissioner of Benton Harbor, Mich., over which an emergency manager has been appointed—submitted a complaint in the circuit court for Ingham County, Mich.[3]



L. Brooks Patterson said the legislation, though reviled by labor unions because it allows contracts to be set aside by the appointed managers, has “teeth” so that state-appointed managers can pull struggling districts and cities out of their financial holes.[5]







These managers will have the authority, without public input, to do what they deem necessary to get the municipality or school back in the black. This could presumably include deciding to sell off key assets, close schools, raise taxes [according to the FAQs about the act posted on Treasury's site, "An Emergency Manager cannot impose taxes, over and above those already authorized, without the approval at an election of a majority of the qualified electors voting on the question. However, an Emergency Manager is authorized to order one, or more, millage elections for the unit of local government."—Ed.], cut programs and commissions, and eliminate other expenses.[2]



there’s tremendous powers,” Patterson said in an interview with The Oakland Press.



“He can go in and say, ‘OK, fine, this contract’s too expensive, these legacy costs are too expensive, these contracts are all gone,’” Patterson said. “That’s where the collective bargainers scream, ‘Hey, you can’t undo our contracts.’



“The law now has been changed and that’s exactly what can happen,” he said.[5]



Pontiac, which is the county seat and the only Oakland County community with a state-appointed emergency financial manager, will now operate under the new law once it’s signed, Patterson said.[5]



The city’s police department dissolved its union once it was clear the legislation would pass. Pontiac’s emergency financial manager has advocated turning police protection over to the Oakland County Sheriff’s Office.[5]







Our friend Emily Votruba down in Elberta, just south of Frankfort, in Benzie County recently started a community newspaper called The Elberta Alert. The Alert, which just published its second print edition with a run of a thousand copies, is whimsical, topical, and generating the kind of community dialogue that small towns need to survive in this era of corporate and media consolidation.[1]



They challenge the Local Government and School District Fiscal Accountability Act, which states in part that the governor, upon determining the existence of a “local government financial emergency” without a satisfactory resolution in place, shall appoint emergency managers from the state's executive branch “to act for and in the place and stead of” the local government's governing body.[3]

“On its face and in practice, the Act violates the rights of local voters by delegating law-making power and the power to adopt local acts to unelected emergency managers, by suspending the rights of local electors to establish charters and to elect local officials, and by imposing new costs and expenses upon local municipalities without providing new revenue,” the complaint says. After the bill was passed by the state Senate on March 9 and the House on March 15, Snyder signed it into law on March 16, and it went into effect that day (51 DLR A-7, 3/16/11).[3]





The Alert placed a call to Terry Stanton, public information officer for the Michigan Department of Treasury, to find out the implications of our watch status.[2]



According to Stanton, the data for the fiscal indicator scores (our score being 8 ) was compiled from the U.S. Census, local government offices, local tax assessment officers, and the municipalities’ annual audit reports. (View our breakdown in the accompanying image and here.)

According to Stanton,[2]



“These fiscal indicator scores have no correlation to the statute [Public Act no. 4],” and are provided simply as information to local governments to help them assess where potential problems may lie.[2]



Rather than the fiscal indicator scores, Treasury will be watching for the occurrence of any one of the 18 “triggering events” listed in the Act (see here).[2]



A few examples of trigger events include: (a) The Village Council might actually request that it be preliminarily reviewed; (b) a creditor may write to the state claiming that a payment from the Village is six or more months past due; (c) the local government might fail to “timely file” an annual financial budget; (d) the Village may end a fiscal year in a deficit condition.[2]



Any one of these trigger events could, according to Stanton, prompt a preliminary review. And any one of these triggers could happen here.[2]



So far, according to Stanton, Elberta hasn’t hit any of the triggers in such a way as to elicit a preliminary review, and Treasury has no current plans to conduct a review of Elberta. For one thing, said Stanton, the data reflected in the fiscal indicator scores is about three years old at this point (based on the 2009 audit), and as Village Clerk Sharyn Bower pointed out in the Record-Patriot, “Our auditor said our 2010 audit was much better.” Further, the approved Village budget for 2011/12 entails significant cuts, including a total of $73,298 in cuts to the general fund, streets, sewer, and garbage funds; the elimination of one our DPW employee positions; and the elimination of spousal benefits for our Village employees.[2]



Stanton said the factors cited in the fiscal indicator scores “are not considered predictive” of whether Elberta will hit enough triggers to require intervention. Nevertheless, we should all be aware that our house does not seem to be in order. The 2009 audit revealed our revenues at $228,198 and our expenditures at $267,002. More startlingly, as of the 2009 audit we had a major fund deficit of $742,954, according to the Treasury Department breakdown.[2]





We’re excited about this budding endeavor and will help in any way we can.

Votruba, and Elberta, just stumbled upon an alarming and disturbing report. [1]



The tiny town could fall prey to Governor Rick Snyder and the GOP-controlled Michigan legislature’s controversial Local Government and School District Accountability Act. [1]



The Congressional Research Service reported on March 30 that the act could run afoul of the U.S. Constitution's contract clause (66 DLR A-6, 4/6/11). On April 18, two Detroit municipal pension funds filed a lawsuit challenging a portion of the Act that allegedly would unlawfully alter the Detroit City Charter and bargaining contracts (76 DLR A-8, 4/20/11).[3]





This means that debt-ridden and financially troubled Elberta could fall under government financial review and, hypothetically, the town could be disbanded and turned over to non-elected Emergency Managers. [1]



What would that mean? Selling off hereto preserved Lake Michigan frontage and Elberta’s pristine bluffs to developers in order to make Elberta solvent?[1]





Much of the alarm stems from a story in today’s Benzie Record-Patriot (the newspaper of record in Benzie County) with the headline, “Elberta ‘Working Diligently’ on Financial Woes Cited by State”.[1]



In her story, “Elberta Placed on State Government Fiscal Watch List,” Votruba cites, and provides links to a chart published in the Detroit Free Press on April 6 that details where statewide municipalities and counties rate in terms of fiscal solvency. [1]



According to a chart released on the Detroit Free Press website on April 6, Elberta has been placed on a state financial watch list and is “flagged for possible state intervention.” We scored an 8 out of 10 based on our fiscal 2009 audit. Frankfort, meanwhile, scored an impressive 2, placing it in the category “neutral—no action necessary” (view the breakdown for Benzie County here). Elberta did remarkably worse than any other Benzie County entity. Gilmore Township was also in the neutral clear as of 2009, with a score of 3.[2]





The Elberta Alert goes on to describe the town’s fiscal woes, including marina and condominium development that didn’t prove lucrative, expenses from the City of Milwaukee, lead and asbestos discovered at the waterfront park, and taxes that Native Americans no longer pay to Elberta.[1]



Suit Claims Law Misallocates Lawmaking Powers

The act violates the Michigan Constitution's Article III, § 2, and Article IV, § 1, which confine legislative powers to the state legislature, the residents' complaint asserts. It says the act impermissibly gives emergency managers the “sole discretionary power” to repeal, amend, and enact local laws and provides for consent agreements allowing the state treasurer to grant local government executive officers such power to adopt local laws, all without “reasonably precise limiting standards.”

The complaint claims that these granted powers also are at odds with Article IV, § 29, which stipulates that a local law shall not take effect without the approval of both two-thirds of the members of each house of the state legislature and a majority of the electors in the affected municipality. A majority of each house of the state legislature is required to repeal a local law, the section adds.

The residents contend the act also breaches Article VII, § 22, which exclusively provides municipal electors with the power to frame, amend, and adopt municipal charters, as well as Article IX, § 29, which bars the state from imposing new activities or services on local government units without the disbursement of funds to cover any increased costs.

Additionally, the complaint asserts, the act violates Article I, § 17's due process clause; Michigan residents' “right to a republican form of local government and to choose the officials of local government by democratic elections throughout the time that corporate body of local government remains in existence,” as recognized by Article I, § 23; and residents' similar inherent rights to local government, established by Article VII, §§ 21, 22, and 34.[3]

In addition to declaratory relief holding that the act is unconstitutional, the plaintiffs seek an injunction barring present and future emergency managers from using powers the act grants them, attorneys' fees and costs, and further equitable relief.[3]

Law Alters Local Government Norms, Official Says

“The core problem with the law is that it removes from local citizens their right to local representative government,” Tova Perlmutter, executive director of the Detroit-based Sugar Law Center for Economic and Social Justice, an organization representing the residents, said June 23. “It's an affront against the values of democracy and local control that are enshrined in the Constitution and in our society.”[3]

“Fundamentally, the law allows individuals with no accountability to the community they control to sell off community assets, destroy infrastructure and mechanisms for service delivery, and in fact even dissolve local communities entirely.”[3]

But Sara Wurfel, Snyder's press secretary, said June 23 that attacks on the act have ignored one of its key goals—to provide “early warning indicators” to prevent local government financial emergencies in the first place—that both Democratic and Republican governors have appointed emergency managers in the past, and that the state is constitutionally obligated to protect its residents' welfare. “Not only do we think [the Act is] constitutional, but we think it's vitally necessary to ensure the health of Michigan's communities,” she said. “The governor would be happy never to appoint an [emergency manager] if at all possible.”

By Elliott T. Dube[3]



Patterson lauds financial manager legislation as a good step

Published: Friday, March 11, 2011

By CHARLES CRUMM

Of The Oakland Press

New legislation giving emergency financial managers of school districts and municipalities more authority and broader powers will be signed into law by the governor within a matter of days, Oakland County Executive L. Brooks Patterson predicted Friday.



Patterson said the legislation, though reviled by labor unions because it allows contracts to be set aside by the appointed managers, has “teeth” so that state-appointed managers can pull struggling districts and cities out of their financial holes.



“Under the new law that was just passed by the Legislature, and I’m sure it’ll be signed by the governor in the next couple of days, there’s tremendous powers,” Patterson said in an interview with The Oakland Press.



“He can go in and say, ‘OK, fine, this contract’s too expensive, these legacy costs are too expensive, these contracts are all gone,’” Patterson said. “That’s where the collective bargainers scream, ‘Hey, you can’t undo our contracts.’



“The law now has been changed and that’s exactly what can happen,” he said.



Pontiac, which is the county seat and the only Oakland County community with a state-appointed emergency financial manager, will now operate under the new law once it’s signed, Patterson said.



The city’s police department dissolved its union once it was clear the legislation would pass. Pontiac’s emergency financial manager has advocated turning police protection over to the Oakland County Sheriff’s Office.



The legislation was most recently passed by the state Senate this week and will go back to the House for a concurring vote next week, a House spokesman said, before being sent to the Gov. Rick Snyder for his signature.



Snyder’s office indicated Friday that the governor will have to see the final legislative product before deciding whether to sign it into law.



“He’s been very supportive of the concept but we’ll have to see what the final bill looks like,” spokesman Ken Silfven said.



“It’s a very, very strong law but it’s not that you can just march into Birmingham and take over,” he said. “You’ve got to miss bond payments, you’ve got to miss payroll, you’ve got miss paying venders. It doesn’t even happen then.



“Then a committee is brought together to look to see if a city’s really in dire financial straits,” Patterson said. “If the committee agrees, then the committee recommends to the governor the appointment of an emergency financial manager.



“So there is a process, and I call it due process, before someone walks in and takes control.”









---Copy of Complaint

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF INGHAM

_____________________________________

Elizabeth Brown, Tameka Ramsey,

Emma Kinnard, Hon. Juanita Henry,

Barbara Ford, Edith Lee-Payne,

Evelyn Foreman, Jacqueline Steingold,

Leslie Little, Michelle Martinez,

Suzanne Sattler IHM, Barbara Davenport,

Irene Wright, Patrick O’Connor, Paul Jordan,

Michael Merriweather, Marcia Sikora,

Ahmina Maxey, Maryion Lee,

Lisa Oliver-King, Kimberly Spring,

Brenda Reeber, George Reeber,

David Frederick, John David Ivers,

Lori Christenson, Betsy Coffia

and James Clancey,

Plaintiffs,

Case No. __________

vs. Hon. _____________

RICHARD D. SNYDER, as Governor of the

STATE OF MICHIGAN, and ANDREW DILLON,

as the TREASURER OF THE STATE OF

MICHIGAN.

Defendants.

_____________________________________________________________________________/

John C. Philo (P52721)

Anthony D. Paris (P71525)

SUGAR LAW CENTER

FOR ECONOMIC & SOCIAL JUSTICE

4605 Cass Avenue, Second Floor

Detroit, Michigan 48201

(313) 993-4505/Fax: (313) 887-8470

Co-Counsel - Attorneys for Plaintiffs

Herbert A. Sanders (P43031)

THE SANDERS LAW FIRM PC

615 Griswold St Ste 913

Detroit, MI 48226

(313) 962-0099/Fax: (313) 962-0044

Co-Counsel - Attorneys for Plaintiffs

Richard G. Mack, Jr. (P58657)

Keith D. Flynn (P74192)

Robert D. Fetter (P68816)

MILLER COHEN PLC

600 W Lafayette Blvd Fl 4

Detroit, MI 48226

Julie H. Hurwitz (P34720)

William H. Goodman (P14173)

Brandon M. Stump (P74418)

GOODMAN & HURWITZ PC on behalf of

the DETROIT & MICHIGAN NATIONAL

LAWYERS GUILD

1394 E Jefferson Ave

2

(313) 964-4454/Fax: (313) 964-4490

Co-Counsel - Attorneys for Plaintiffs

Detroit, MI 48207

(313) 567-6170/Fax: (313) 567-4827

Co-Counsel - Attorneys for Plaintiffs

Darius Charney

CENTER FOR CONSTITUTIONAL RIGHTS

666 Broadway 7th floor

New York, NY 10012

Co-Counsel - Attorneys for Plaintiffs

_____________________________________________________________________________/

COMPLAINT

FOR DECLARATORY & INJUNCTIVE RELIEF

NOW COME Plaintiffs, Elizabeth Brown, Tameka Ramsey, Emma Kinnard, Hon.

Juanita Henry, Barbara Ford, Edith Lee-Payne, Evelyn Foreman, Jacqueline Steingold, Leslie

Little, Michelle Martinez, Suzanne Sattler IHM, Barbara Davenport, Irene Wright, Patrick

O’Connor, Paul Jordan, Michael Merriweather, Marcia Sikora, Ahmina Maxey, Maryion Lee,

Lisa Oliver-King, Kimberly Spring, Brenda Reeber, George Reeber, David Frederick, John

David Ivers, Lori Christenson, Betsy Coffia, and James Clancey and by and through their

attorneys and for their Complaint, do hereby allege as follows.

NATURE OF PLAINTIFFS’ CLAIMS

1. This lawsuit arises from violations of Plaintiffs’ constitutional rights under the

Constitution of the State of Michigan of 1963.

2. The Local Government and School District Fiscal Accountability Act, Act No. 4,

Public Acts of 2011, MCL §§ 141.1501 et. seq. (the Act) effectively establishes a new form of

local government within the State of Michigan. The new form of government allows Michigan

cities, villages, townships, and other forms of municipal corporations to be ruled by one

3

unelected official and that this official’s orders, appointments, expenditures, and other decisions

are not reviewable by local elected officials or local voters.

3. On its face and in practice, the Act violates the rights of local voters by delegating

law-making power and the power to adopt local acts to unelected emergency managers, by

suspending the rights of local electors to establish charters and to elect local officials, and by

imposing substantial new costs and expenses upon local municipalities without providing new

revenue.

4. The Act thereby violates Art. I, § 17, Art. I, § 23, Art. III, § 2, Art. IV, §§ 1 & 29,

Art. VII, §§ 21, 22, & 34, and Art. IX, § 29 of the Michigan Constitution.

JURISDICTION AND VENUE

5. Jurisdiction is conferred by MCL § 600.601 and § 600.605 and by MCR, Rule

2.605.

6. Venue is proper pursuant to MCL §600.1615, since the offices of the Governor

and State Treasurer exercise governmental authority within this county and judicial circuit.

PARTIES

7. Plaintiff Elizabeth Brown is a citizen of the United States and a resident of the

City of Jackson, County of Jackson, and State of Michigan.

8. Plaintiff Tameka Ramsey is a citizen of the United States and a resident of the

City of Pontiac, County of Oakland, and State of Michigan.

9. Plaintiff Emma Kinnard is a citizen of the United States and a resident of the City

of Benton Harbor, County of Berrien, and State of Michigan.

10. Plaintiff Hon. Juanita Henry is a current City Commissioner of the City of Benton

Harbor and is a citizen of the United States and a resident of the City of Benton Harbor, County

4

of Berrien, and State of Michigan.

11. Plaintiff Barbara Ford is a citizen of the United States and a resident of the City of

Detroit, County of Wayne, and State of Michigan.

12. Plaintiff Edith Lee-Payne is a citizen of the United States and a resident of the

City of Detroit, County of Wayne, and State of Michigan.

13. Plaintiff Evelyn Foreman is a citizen of the United States and a resident of the

City of Detroit, County of Wayne, and State of Michigan.

14. Plaintiff Jacqueline Steingold is a citizen of the United States and a resident of the

City of Detroit, County of Wayne, and State of Michigan.

15. Plaintiff Leslie Little is a citizen of the United States and a resident of the City of

Detroit, County of Wayne, and State of Michigan.

16. Plaintiff Michelle Martinez is a citizen of the United States and a resident of the

City of Detroit, County of Wayne, and State of Michigan.

17. Plaintiff Suzanne Sattler IHM is a citizen of the United States and a resident of

the City of Detroit, County of Wayne, and State of Michigan.

18. Plaintiff Barbara Davenport is a citizen of the United States and a resident of the

City of Pontiac, County of Oakland, and State of Michigan.

19. Plaintiff Irene Wright is a citizen of the United States and a resident of the City of

Pontiac, County of Oakland, and State of Michigan.

20. Plaintiff Patrick O’Connor is a citizen of the United States and a resident of the

City of Pontiac, County of Oakland, and State of Michigan.

21. Plaintiff Paul Jordan is a citizen of the United States and a resident of the City of

Flint, County of Genesee, and State of Michigan.

5

22. Plaintiff Michael Merriweather is a citizen of the United States and a resident of

the City of Ann Arbor, County of Washtenaw, and State of Michigan.

23. Plaintiff Marcia Sikora is a citizen of the United States and a resident of the City

of Farmington Hills, County of Oakland, and State of Michigan.

24. Plaintiff Ahmina Maxey is a citizen of the United States and a resident of the City

of Ferndale, County of Oakland, and State of Michigan.

25. Plaintiff Maryion Lee is a citizen of the United States and a resident of the City of

Flushing, County of Genesee, and State of Michigan.

26. Plaintiff Lisa Oliver-King is a citizen of the United States and a resident of the

City of Grand Rapids, County of Kent, and State of Michigan.

27. Plaintiff Kimberly Spring is a citizen of the United States and a resident of the

City of Grand Rapids, County of Kent, and State of Michigan.

28. Plaintiff Brenda Reeber is a citizen of the United States and a resident of the City

of Ludington, County of Mason, and State of Michigan.

29. Plaintiff George Reeber is a citizen of the United States and a resident of the City

of Ludington, County of Mason, and State of Michigan.

30. Plaintiff David Frederick is a citizen of the United States and a resident of the

City of Montague, County of Muskegon, and the State of Michigan.

31. Plaintiff John David Ivers is a citizen of the United States and a resident of the

City of St. Clair Shores, County of Macomb, and State of Michigan.

32. Plaintiff Lori Christenson is a citizen of the United States and a resident of the

City of Southfield, County of Oakland, and State of Michigan.

6

33. Plaintiff Betsy Coffia is a citizen of the United States and a resident of Traverse

City, County of Grand Traverse, and State of Michigan.

34. Plaintiff James Clancey is a citizen of the United States and a resident of the City

of Negaunee, County of Marquette, and State of Michigan.

35. Defendant Richard D. Snyder is the Governor of the State of Michigan. Governor

Snyder maintains his principal office at the Office of the Governor, 111 S. Capitol Avenue,

George W. Romney Building in the City of Lansing, County of Ingham, and State of Michigan.

36. Defendant Andrew Dillon is the Treasurer of the State of Michigan. Treasurer

Dillon maintains his principal office at the Department of Treasury, 430 W. Allegan Street in the

City of Lansing, County of Ingham, and State of Michigan.

COMMON FACTS

37. Through its provisions, the Local Government and School District Fiscal

Accountability Act, Act No. 4, Public Acts of 2011, MCL §§ 141.1501 et. seq. (the Act)

establishes a new form of local government, previously unknown within the United States or the

State of Michigan, where the people within local municipalities may be governed by an

unelected official who establishes local law by decree.

38. On its face and in practice, the Act flagrantly violates the Constitution of the State

of Michigan by:

a) Delegating legislative powers without limiting standards to emergency managers;

b) Granting unelected emergency managers the power to enact local law without the

constitutional restraints placed on state and local governments;

c) Usurping the vested rights of local electors to adopt and amend local charters

which govern cities and villages within Michigan;

7

d) Suspending the rights of local electors to a republican form of government and to

elect the officials of local government through democratic elections; and

e) Imposing substantial new costs upon local municipal corporations without

providing offsets or additional revenue streams to affected communities.

39. Prior to 1988, local government was placed into receivership by the courts, not

the state legislature or executive branch. Compensation for court-appointed receivers was

derived from property that the courts placed within the care of the receiver. Fisk v Fisk, 333

Mich 513 (1952).

40. In 1990, the legislature passed the Local Government Fiscal Responsibility Act,

Act No. 72, Public Acts of 1990 (the former Act). This statute authorized state officials to

intervene when local governments were facing a financial emergency. Pursuant to the former

Act, when a financial emergency was found to exist and there existed no satisfactory plan to

resolve the emergency, an emergency financial manager could be appointed by a state board.

41. In February of 2011, the bill for the Local Government and School District Fiscal

Accountability Act (the Act) was enrolled and fast-tracked through the Michigan legislature.

42. The Local Government and School District Fiscal Accountability Act bill was

presented to the Governor for signature approximately one month after its introduction before the

legislature.

43. Governor Richard D. Snyder signed the Local Government and School District

Fiscal Accountability Act into law on March 16, 2011.

44. The Local Government and School District Fiscal Accountability Act (the Act)

replaced the Local Government Fiscal Responsibility Act (the former Act) and radically revised

state law.

8

45. The Act grants the Governor broad discretionary powers to declare that a local

government is in a financial emergency and to determine whether the local government has a

satisfactory plan to resolve the emergency. MCL §141.1515 (1).

46. The Act grants a state financial review team power to enter into a consent

agreement with local government to address local financial problems and purport to provide

financial stability to the local government without a finding that a financial emergency exists.

47. The Act further states that the consent agreement may grant the state treasurer

power to vest a local chief administrative officer, the chief financial officer, or other officers of

the local government with the powers and authority of an emergency manager under the Act.

MCL §141.1514a (9).

48. The Act further provides that once the Governor has unilaterally declared a

financial emergency and found that no satisfactory plan exists to resolve the emergency, the

Governor shall appoint an emergency manager to act for, and in place of, the governing body of

the local government. MCL §141.1515 (4).

49. The emergency manager is an appointed official of the executive branch of state

government. Alternatively, the emergency manager is a private contractor working as an agent

of the executive branch of state government.

50. The Act seeks to grossly expand the powers of emergency managers over all

operations of local government. The emergency manager’s powers extend not only to financial

policy and decision-making, but also to all other areas of local government. The Act seeks to

accomplish this expansion of powers without dissolving the corporate body of local government

and without first removing or suspending the offices of local elected officials.

9

51. The provisions of the Local Government and School District Fiscal

Accountability Act establish a form of local government that is repugnant to the constitutional

liberties of Americans under settled law, as well as the rule of law itself. Under this new form of

government, the people become subject to a form of governance where an unelected local

official wields absolute power over all aspects of local government and whose decisions are

without review by either local elected officials or local voters.

52. Without limiting standards, the Act delegates the state legislature’s general

legislative powers to emergency managers. The Act delegates such powers through provisions

that vest emergency managers with sole discretionary power and authority to:

a. Contravene, and thereby implicitly repeal, local laws such as city and

village charters and ordinances; and

b. Explicitly repeal, amend, and enact local laws such as city and village

ordinances.

53. The Michigan Constitution of 1963, Art. III, § 2, prohibits executive branch

officials from exercising general legislative power granted to the state legislature by Art. IV, § 1.

54. The Michigan Constitution of 1963, Art. IV, § 1, vests the state senate and house

of representatives with general legislative power.

55. The Act grants emergency managers greater power than the state legislature

possesses regarding the adoption and repeal of local acts. The Act grants such power through

provisions that seek to vest emergency managers with sole discretionary power and authority to:

a. Contravene, and thereby implicitly repeal, local laws such as city and

village charters and ordinances; and

10

b. Explicitly repeal, amend, and enact local laws such as city and village

ordinances.

56. The Michigan Constitution of 1963, Art. IV, § 29, prohibits the state legislature

from adopting local acts without the approval of two-thirds of the members serving in the state

legislature and without the approval of a majority of the electors voting in the affected locality.

Furthermore, Article IV, § 29 only permits the repeal of local acts by a majority vote of the state

legislature.

57. The Act violates the exclusive constitutionally mandated rights of local electors to

adopt and amend local charters. The Act violates such rights through provisions that seek to vest

emergency managers with sole discretionary power to contravene local charter provisions.

58. The Michigan Constitution of 1963, Art. VII, § 22, vests the sole right to frame,

amend, and adopt charter provisions in the electors of cities and villages. So long as the

corporate body of local government remains in existence, the charter exists as local law to be

followed by all persons within the local jurisdiction.

59. The Act usurps the constitutionally mandated rights of local electors to a

republican form of government and to choose the officials of local government by democratic

elections. The Act usurps such rights through provisions that seek to vest emergency managers

with sole discretionary power and exclusive authority to act for, and in the place of, local

government.

60. The Michigan Constitution of 1963, Art. I, § 17, grants due process rights to all

persons in the state. Due process rights include a right to procedural due process during the

repeal of local charter provisions and during the repeal, amendment, and adoption of local

ordinances. Due process rights further include, a substantive right to a republican form of local

11

government and to choose the officials of local government by democratic elections throughout

the time that corporate body of local government remains in existence.

61. Under the Michigan Constitution of 1963, Art. VII, §§ 21, 22, and 34, local

electors possess an inherent right to a republican form of local government and to choose the

officials of local government by democratic elections throughout the time that corporate body of

local government remains in existence.

62. Under the Michigan Constitution of 1963, Art. I, § 23, local electors possess a

retained right to a republican form of local government and to choose the officials of local

government by democratic elections throughout the time that corporate body of local government

remains in existence.

63. The Act requires local governments to increase activities and incur necessary

expenses by requiring local governments to fund emergency managers, their staffs, auditors,

financial review teams, technical advisors, consultants, firms, and other expenses incurred when

complying with the mandated activities of the Act.

64. In 1978, the Michigan Constitution was amended to include Art. IX, § 29, which

prohibits the state from mandating new activities or services upon units of local government

without making a state appropriation of funds to be disbursed to local government to pay for any

increased costs.

65. At the time of filing, emergency managers have been appointed over the cities of

Benton Harbor, Ecorse, and Pontiac and over the Detroit Public Schools. As such, these

emergency managers are currently exercising powers unconstitutionally granted by the Local

Government and School District Fiscal Accountability Act.

12

COUNT I – Constitutional Violation

1963 Const. Art III, § 2 and Art. IV, § 1

Nondelegation Doctrine

66. Plaintiff incorporates by reference paragraphs 1 through 65 above as though fully

stated herein.

67. Article III, § 2 of the Michigan Constitution of 1963 states: “No person exercising

powers of one branch shall exercise powers properly belonging to another branch except as

expressly provided in this constitution.” Article IV, § 1 of the Michigan Constitution of 1963

vests the state senate and house of representatives with legislative power.

68. Pursuant to Article III, § 2 and Article IV, § 1, the Michigan legislature is

prohibited from delegating legislative powers, not only to executive branch agencies and

officials, but also to private contractors.

69. When delegating rule-making authority to executive branch agencies and

officials, the state legislature must articulate reasonably precise limiting standards to avoid the

constitutional prohibition against the delegation of legislative powers.

70. On its face, the Local Government and School District Fiscal Accountability Act,

Act No. 4, Public Acts of 2011 violates the prohibitions of Article III, § 2. The Act violates the

nondelegation doctrine through provisions providing for consent agreements that, without a

finding of a financial emergency and without reasonably precise limiting standards, permit the

state treasurer to delegate sole discretionary legislative power to a local government’s chief

administrative officer, the chief financial officer, or other executive officers of the local

government. See MCL §141.1514a (9).

71. On its face, the Local Government and School District Fiscal Accountability Act,

Act No. 4, Public Acts of 2011 violates the prohibitions of Article III, § 2 and the nondelegation

13

doctrine through provisions of the statute that, without reasonably precise limiting standards,

delegate to emergency managers sole discretionary legislative power and authority to:

a. Act for and in the place and stead of the local governing body of cities and

villages over matters unrelated to the financial emergency and unrelated to

the fiscal policies, practices, and circumstances of the local government.

See provisions including but not limited to MCL §141.1515(4);

§141.1517(1), §141.1519(1) (dd), (ee), and (ff) and §141.1519(2);

b. Contravene, and thereby implicitly repeal, local laws such as city and

village charters and ordinances; See provisions including but not limited to

MCL §141.1517(1), §141.1519(1) (dd), (ee), and (ff) and §141.1519(2);

and

c. Explicitly repeal, amend, and enact local laws such as city and village

ordinances. See provisions including but not limited to MCL §141.1519

(1) (dd).

WHEREFORE, Plaintiffs request that this Court order declaratory relief and declare that

the Local Government and School District Fiscal Accountability Act, Act No. 4, Public Acts of

2011, MCL § 141.1501 et seq., unconstitutionally delegates legislative power to the emergency

manager, and that this Court provide injunctive relief restraining present and future emergency

managers appointed under the Act from implementing or exercising authority and powers

purportedly conveyed by §141.1514a (9), §141.1515(4), §141.1517(1), §141.1519(1) (dd), (ee),

and (ff) and §141.1519(2).

14

COUNT II – Constitutional Violation

1963 Const. Art. IV, § 29

Local Acts

72. Plaintiff incorporates by reference paragraphs 1 through 71 above as though fully

stated herein.

73. Article IV, §29, the Michigan Constitution of 1963 prohibits the state from

enacting local acts “until approved by two-thirds of the members elected to and serving” in the

state legislature and until approved “by a majority of the electors voting” in the affected district.

The article further requires approval of a “majority of the members elected to and serving in each

house” of the state legislature before a local act can be repealed.

74. City and village charters, adopted by local electors, and ordinances, adopted by

local legislative bodies, are local laws – equivalent to local acts adopted by the state legislature.

75. On its face, the Local Government and School District Fiscal Accountability Act,

Act No. 4, Public Acts of 2011 violates the prohibitions of Article IV, § 29. The Act violates

the local acts clause through provisions providing for consent agreements, without a finding of a

local financial emergency, that permit the state treasurer to delegate sole discretionary power to

adopt local acts to a local government’s chief administrative officer, the chief financial officer, or

other executive officers of the local government. See MCL §141.1514a (9).

76. On its face, the Local Government and School District Fiscal Accountability Act,

Act No. 4, Public Acts of 2011 violates the prohibitions of Article IV, §29. The Act violates the

local acts clause by delegating more power than the legislature possesses. The Act violates the

clause by granting emergency managers sole discretionary power and authority to:

a. Contravene, and thereby implicitly repeal, local laws such as city and

village charters and ordinances; See provisions including but not limited to

15

MCL §141.1517(1), §141.1519(1) (dd), (ee), and (ff) and §141.1519(2);

and

b. Explicitly repeal, amend, and enact local laws such as city and village

ordinances. See provisions including but not limited to MCL

§141.1519(1)(dd).

WHEREFORE, Plaintiffs request that this Court order declaratory relief and declare that

the Local Government and School District Fiscal Accountability Act, Act No. 4, Public Acts of

2011, MCL § 141.1501 et seq., violates Article IV, §29 of the Michigan Constitution, and that

this Court provide injunctive relief restraining present and future emergency managers appointed

under the Act from implementing or exercising authority and powers purportedly conveyed by

§141.1514a (9), §141.1517(1), §141.1519(1) (dd), (ee), and (ff) and §141.1519(2).

COUNT III – Constitutional Violation

1963 Const. Art. VII, § 22

Electors’ Right to Form Charter

77. Plaintiff incorporates by reference paragraphs 1 through 76 above as though fully

stated herein.

78. The Michigan Constitution of 1963 at Article VII, §22 vests city and village

electors with exclusive power to “frame, adopt and amend its charter, and to amend an existing

charter of the city or village heretofore granted or enacted by the legislature for the government

of the city or village.”

79. Once a city or village is incorporated and so long as it continues to exist, its

charter constitutes local law that is required to be followed by all public officials, the local

governing body, and all persons within the local government’s jurisdiction.

16

80. On its face, the Local Government and School District Fiscal Accountability Act ,

Act No. 4, Public Acts of 2011 violates the prohibitions of Article VII, § 22. The Act violates

the rights of local electors through provisions providing for consent agreements that, without a

finding of a local financial emergency, permit the state treasurer to delegate sole discretionary

power to a local government’s chief administrative officer, the chief financial officer, or other

executive officers of the local government to contravene, and thereby effectively suspend and/or

implicitly repeal, the provisions of city and village charters. See MCL §141.1514a (9).

81. On its face, the Local Government and School District Fiscal Accountability Act,

Act No. 4, Public Acts of 2011 violates local electors’ rights as vested by Article VII, §22. The

Act violates the local electors’ charter clause by granting emergency managers sole discretionary

power and authority to:

a. Contravene, and thereby effectively suspend and/or implicitly repeal, the

provisions of city and village charters. See provisions including but not

limited to MCL §141.1515(4), §141.1517(1), §141.1519(1) (dd), (ee), and

(ff) and §141.1519(2).

WHEREFORE, Plaintiffs request that this Court order declaratory relief and declare that

the Local Government and School District Fiscal Accountability Act, Act No. 4, Public Acts of

2011, MCL § 141.1501 et seq., violates Article VII, §22 of the Michigan Constitution and that

this Court provide injunctive relief restraining present and future emergency managers appointed

under the Act from implementing or exercising authority and powers purportedly conveyed by

§141.1514a (9), §141.1515(4), §141.1517(1), §141.1519(1) (dd), (ee), and (ff) and §141.1519(2).

17

COUNT IV – Constitutional Violation

1963 Const. Art. I, §§ 17 & 23 and Art. VII, §§ 21, 22 & 34

Electors Rights to Republican Form of Local Government and

to Elect Local Government Officials

82. Plaintiff incorporates by reference paragraphs 1 through 81 above as though fully

stated herein.

83. The Michigan Constitution of 1963 at Article I, § 17 provides that no person shall

be deprived of liberty or property without due process of law. The Constitution’s due process

clause protects the rights of persons to both procedural and substantive due process.

84. Michigan’s due process clause requires that local governments observe procedural

due process during the repeal of local charter provisions and during the repeal, amendment, and

adoption of local ordinances.

85. Michigan’s due process clause protects local citizens’ substantive due process

rights to a republican form of local government and to choose the officials of local government

by democratic elections throughout the time that corporate body of local government remains in

existence.

86. The Michigan Constitution of 1963 at Article I, § 23 recognizes and protects

rights retained by the people of the state of Michigan. The retained rights of the people include a

right to a republican form of local government and to choose the officials of local government by

democratic elections throughout the time that corporate body of local government remains in

existence.

87. The Michigan Constitution of 1963 at Article VII, §§ 21, 22 & 34 establishes the

rights of the people of the state of Michigan to local government. Michigan citizens’ right to

local government inherently vests citizens with a right to a republican form of local government

18

and a right to choose the officials of local government by democratic elections throughout the

time that corporate body of local government remains in existence.

88. On its face, the Local Government and School District Fiscal Accountability Act,

Act No. 4, Public Acts of 2011 violates Article I, §§ 17 & 23 and Article VII, §§ 21, 22 & 34 of

the Michigan Constitution of 1963. The Act violates the due process clause, the retained rights

clause, and the inherent rights of the people by granting:

a. The State Treasurer power, without the finding of a financial emergency,

to delegate the sole discretionary powers and authorities of an emergency

manager to a local government’s chief administrative officer, the chief

financial officer, or other executive officers of the local government;

MCL §141.1514a (9);

b. Emergency managers sole discretionary power and authority to act for and

in the place and stead of the local governing body of cities and villages

over matters unrelated to the financial emergency and unrelated to the

fiscal policies, practices, and circumstances of the local government. See

MCL §141.1515(4), §141.1517(1), §141.1519(1) (dd), (ee), and (ff) and

§141.1519(2);

c. Emergency managers sole discretionary power and authority to rule by

decree over cities and villages on matters unrelated to the financial

emergency and unrelated to the fiscal policies, practices, and

circumstances of the local government through powers that permit the

emergency manager to contravene, and thereby implicitly repeal, local

laws such as city and village charters and ordinances and to explicitly

19

repeal, amend, and enact local laws such as city and village ordinances.

See provisions including but not limited to MCL §141.1515(4);

§141.1517(1), §141.1519(1) (dd), (ee), and (ff) and §141.1519(2); and

d. Emergency managers sole discretionary power and authority to overrule

and supersede and assume all the powers and authority of the local

governing body and of all local elected officials over matters unrelated to

the financial emergency and unrelated to the fiscal policies, practices, and

circumstances of the local government. See provisions including but not

limited to MCL §141.1515(4); §141.1517(1), §141.1519(1) (dd), (ee), and

(ff) and §141.1519(2).

WHEREFORE, Plaintiffs request that this Court order declaratory relief and declare that

the Local Government and School District Fiscal Accountability Act, Act No. 4, Public Acts of

2011, MCL § 141.1501 et seq., violates Article I, § 17 of the Michigan Constitution, and that this

Court provide injunctive relief restraining present and future emergency managers appointed

under the Act from implementing or exercising authority and powers purportedly conveyed by

MCL §141.1514a (9), §141.1515(4), §141.1517(1), §141.1519(1) (dd), (ee), and (ff) and

§141.1519(2).

COUNT V – Constitutional Violation

1963 Const. Art. IX, § 29

Headlee Amendment

89. Plaintiff incorporates by reference paragraphs 1 through 88 above as though fully

stated herein.

90. In 1978, the Headlee Amendment to the Michigan Constitution of 1963 at Article

IX, § 29 was enacted to prohibit the state from:

20

a. Requiring a new activity or service by local government, unless a state

appropriation is made and disbursed to pay for any necessary increased

costs; and

b. Enacting an increase in the level of any activity or service by units of local

government beyond that required by existing law, unless a state

appropriation is made and disbursed to pay for any necessary increased

costs.

91. At the time that the Amendment was adopted in 1978, the state did not intervene

in local financial emergencies, emergency managers were not appointed by the state, and local

governments were not required to pay costs and fees related the appointment of emergency

managers.

92. The Local Government and School District Fiscal Accountability Act, Act No. 4,

Public Acts of 2011 violates Article IX, § 29 of the Michigan Constitution of 1963 by imposing

new and increased activities upon local government without making an appropriation and

disbursement to pay for necessary increased costs to local government.

93. New and increased activities imposed upon local government by the Act include,

but are not limited to:

a. Requiring the local government to pay the compensation, salary, benefits,

and expenses of the Governor’s appointed emergency manager. See MCL

§141.1515(5)(e);

b. Requiring the local government to pay the compensation, salary, benefits,

and expenses of any employee, agent, appointee, or contractor of the

emergency manager including inspectors, auditors, and technical

21

personnel hired at the discretion of the emergency manager; See

MCL§141.1515(6) and §141.1519(1)(o) and (p);

c. Requiring the local government to pay the costs and expenses of the

attorney general to defend in civil lawsuits brought against the emergency

manager; See MCL §141.1525(3);

d. Requiring local government to pay general liability insurance, professional

liability insurance, workers compensation insurance, automobile

insurance, and other insurance for the benefit of the emergency manager

and any employee, agent, appointee, or contractor of the emergency

manager; See MCL §141.1525(4); and

e. Requiring local government to pay for attorney fees and all costs of civil

litigation brought against the emergency manager and any employee,

agent, appointee, or contractor of the emergency manager if such expenses

are not covered by applicable insurance policies; See MCL §141.1525(5);

WHEREFORE, Plaintiffs request that this Court order declaratory relief and declare that

the Local Government and School District Fiscal Accountability Act, Act No. 4, Public Acts of

2011, MCL § 141.1501 et seq., violates IX, § 29 of the Michigan Constitution, and that this

Court provide injunctive relief restraining present and future emergency managers appointed

under the Act from implementing or exercising authority and powers purportedly conveyed by

MCL §141.1515(5)(e) and (6), §141.1519(1)(o) and (p), and §141.1525(3), (4) and (5).

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs Elizabeth Brown, Tameka Ramsey, Emma Kinnard, Hon.

Juanita Henry, Barbara Ford, Edith Lee-Payne, Evelyn Forman, Jacqueline Steingold, Leslie

22

Little, Michelle Martinez, Suzanne Sattler IHM, Barbara Davenport, Irene Wright, Patrick

O’Connor, Paul Jordan, Michael Merriweather, Marcia Sikora, Ahmina Maxey, Maryion Lee,

Lisa Oliver-King, Kimberly Spring, Brenda Reeber, George Reeber, David Frederick, John

David Ivers, Lori Christenson, Betsy Coffia, and James Clancey pray this Honorable court enter

Judgment against Defendants providing:

a. For declaratory relief holding that the Local Government and School District Fiscal

Accountability Act, Act No. 4, Public Acts of 2011 violates the Michigan

Constitution of 1963;

b. For injunctive relief restraining present and future emergency managers appointed

under the Act from implementing or exercising authority and powers purportedly

conveyed by the Local Government and School District Fiscal Accountability Act,

Act No. 4, Public Acts of 2011;

c. For attorneys’ fees and costs; and

d. For such further relief as is just and equitable.

_________________________________

John C. Philo (P52721)

Anthony D. Paris (P71525)

SUGAR LAW CENTER

FOR ECONOMIC & SOCIAL JUSTICE

4605 Cass Avenue, Second Floor

Detroit, Michigan 48201

(313) 993-4505/Fax: (313) 887-8470

Co-Counsel - Attorneys for Plaintiffs

Herbert A. Sanders (P43031)

THE SANDERS LAW FIRM PC

615 Griswold St Ste 913

Detroit, MI 48226

(313) 962-0099/Fax: (313) 962-0044

Co-Counsel - Attorneys for Plaintiffs

23

Richard G. Mack, Jr. (P58657)

Keith D. Flynn (P74192)

Robert D. Fetter (P68816)

MILLER COHEN PLC

600 W Lafayette Blvd Fl 4

Detroit, MI 48226

(313) 964-4454/Fax: (313) 964-4490

Co-Counsel - Attorneys for Plaintiffs

Julie H. Hurwitz (P34720)

William H. Goodman (P14173)

Brandon M. Stump (P74418)

GOODMAN & HURWITZ PC on behalf of the

DETROIT & MICHIGAN NATIONAL

LAWYERS GUILD

1394 E Jefferson Ave

Detroit, MI 48207

(313) 567-6170/Fax: (313) 567-4827

Co-Counsel - Attorneys for Plaintiffs

Darius Charney

CENTER FOR CONSTITUTIONAL RIGHTS

666 Broadway 7th floor

New York, NY 10012

Co-Counsel - Attorneys for Plaintiffs

Date: June 22, 2011





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