A group of Wayne County residents who oppose a proposed countywide transit millage filed suit in Wayne County Circuit Court on May 8, alleging that transit officials withheld meeting information and wrote ballot language designed to confuse voters.
The suit was brought by Not Smart Wayne, a group of 20 to 30 volunteers from western Wayne County and Downriver. Defendants include Wayne County officials and SMART, the Suburban Mobility Authority for Regional Transportation. Matthew Wilk, a Northville resident and lawyer who is representing himself, filed the complaint and serves as an organizer for the group.
At issue is an August 4 ballot measure asking Wayne County voters to approve a countywide transit millage. According to SMART and Transportation Riders United, a Detroit-based transit advocacy nonprofit, the millage would cost the owner of a $200,000 home about $8 a month. Communities already inside SMART's service area would see no rate increase. If passed, SMART would extend routes into 17 Wayne County communities that currently opt out of its service and expand on-demand transit across the county.
Wilk describes it as a $570 million tax over 10 years. He and the other plaintiffs oppose the millage because of "excessive cost, low ridership and negative effects to their community," according to the complaint. According to a February report, most of the 17 opt-out communities, including Canton Township, Plymouth Township, and Livonia, have limited or no fixed-route public transit and rely on specialized transportation providers.
The lawsuit alleges that the Wayne County Transit Authority withheld information about a March meeting where ballot language was apparently approved, in violation of Michigan's Open Meetings Act and Freedom of Information Act. It also alleges violations of Michigan election law and the General Property Tax Act. Plaintiffs say the ballot language is written to make voters think they are renewing an existing tax rather than approving a new one. Wilk put it plainly: "If they want to put a tax on a ballot, they have to follow the rules."
Plaintiffs want the court to declare the violations and block the Wayne County Board of Canvassers from placing the millage on the August ballot or any future election.
SMART said it had not been served and could not comment on pending litigation. Jaren Brown, SMART's assistant vice president of marketing and communications, confirmed the transit provider's position. Wayne County officials said the same. Assad Turfe, chairman of the Wayne County Transit Authority and Deputy Wayne County Executive, said the county became aware of the suit only after a media inquiry. "Once served, we will vigorously defend any allegations and remain confident the facts and truth will come to light through the legal process," Turfe said. He added that the authority has been transparent and followed all disclosure and notice requirements under Michigan law.
The millage vote is August 4. If approved, SMART says service would be rolled out in phases with community input.
