Published: October 09, 2008 06:33 pm            

Alcohol to be voted on 4th time

Agreement reached on contested election

On Nov. 4, for the fourth time in three years, Rio Vista voters will be asked to weigh in on a measure to legalize liquor sales for off-premises consumption within the city.

The measure, which failed twice, passed by a 118-116 vote May 10.

Judge Ken Curry of the 153rd District Court accepted and signed a proposed judgment on Thursday from attorneys on both sides that voids the May election and calls for a new one in November.

Rio Vista resident Pamela West filed suit against Johnson County Judge Roger Harmon in June about the election. West claimed, in her filing, that three people voted illegally in the election.

Harmon was involved because Johnson County, not Rio Vista, held the election. The Johnson County Commissioners Court, upon receipt of petitions signed by eligible Rio Vista voters, had to order the election.

County Attorney Bill Moore and West’s attorney, Tommy Altaras, reached the proposed agreement before Thursday’s hearing in the 249th District Court.

Curry heard the case because 249th District Judge Wayne Bridewell recused himself from the matter in accordance with the rules of the Texas Election Code.

Rio Vista resident Brenda Hall, who was not a party in Thursday’s case, led the three petition drives for the alcohol elections. Hall formerly owned the Beer Hall, a barbecue restaurant in Rio Vista. After May’s election, she converted the restaurant into a liquor store.

Hall can remain open for business through the Nov. 4 election, Altaras said. After that, the matter will depend on how residents vote. Should the measure pass, Hall would be free to stay open. Should it fail, Altaras said he believes she would have 30 days to close the business.

After the hearing, Harmon said commissioners will vote on the order to call a new election in their meeting on Monday.

Last month Curry ordered another new election in Rio Vista, one involving May’s city council election for the Place 4 seat. Unlike the liquor-option election, the city of Rio Vista, not Johnson County, administered the election.

In that race, Marquita “Cookie” Fowler defeated Hall by a 114-113 vote. Hall filed suit claiming illegal votes by two voters in the election. Curry agreed, voided the election and proclaimed the Place 4 seat vacant. Fowler and Hall will once again compete for the open seat Nov. 4.

        

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