A group of Wayne County residents who oppose a proposed countywide transit millage have filed a lawsuit over what they say is a lack of transparency around the process.
The suit, brought by Not Smart Wayne, alleges that defendants — including Wayne County officials — didn’t properly notify the public about a meeting and that the ballot language is “designed to confuse voters.” A Wayne County official said its transit authority has been transparent and followed the rules.
At issue: an August ballot measure in which Wayne County voters will decide whether to adopt a countywide millage to fund transit.
Plaintiffs want the court to declare that defendants violated Michigan’s Open Meetings Act, Freedom of Information Act, election law and General Property Tax Act and keep the question off the ballot in August or any future elections.
What is the Wayne County transit millage?
Seventeen communities in Wayne County currently opt out of the Suburban Mobility Authority for Regional Transportation (SMART) service, which is also named in the suit. Detroit is an opt-out community, though buses run in the city.
The millage would amount to about $8 a month for the owner of a home with taxable value of $200,000, according to SMART and Transportation Riders United, a Detroit-based nonprofit that advocates for improved public transit in metro Detroit. Voters across Wayne County, including Detroit, will have a chance to vote on the millage. The 10-year millage would generate about $50 million annually, and revenue collected in Detroit would stay in the city.
According to a February report, most of the communities that opt out of SMART bus service have limited or no fixed-route public transit and rely on “specialized transportation providers.” If the ballot measure is approved, the metro Detroit transit provider can “implement new routes and existing route extensions in opt-out communities” and “strengthen regional mobility,” the report notes.
Communities within SMART’s current service area would not see an increase in their millage rate, according to a two-page document by SMART provided to the Free Press. The millage is meant to fund “improvements to current bus and on‑demand service, along with expanded service across the county.” Wayne County voters will decide on the millage Aug. 4, and, if approved, service would be “rolled out in phases” with community input.
Why is Not Smart Wayne suing Wayne County?
Matthew Wilk, a Not Smart Wayne organizer and plaintiff in the suit, opposes the millage.
The suit alleges the Wayne County Transit Authority withheld information about a March meeting, where ballot language was apparently approved, and failed to comply with the Open Meetings Act and the Freedom of Information Act (FOIA). The lawsuit, which also alleges violations of Michigan election and tax laws, goes on to say that residents in 17 opt-out communities “will be confused into thinking they are approving a replacement of an existing tax, when instead they are being asked to approve a brand-new tax.”
“If they want to put a tax on a ballot, they have to follow the rules,” Wilk said.
The Northville resident and lawyer, who is representing himself, referred to the proposed transit millage as a $570 million tax for 10 years. He and other plaintiffs don’t want the millage because of “excessive cost, low ridership and negative effects to their community,” according to a complaint filed Friday, May 8, in Wayne County Circuit Court.
“We’re just a bunch of people who don’t think now’s a really good time to put a new tax on the ballot,” he told the Free Press. Not Smart Wayne is a group of 20 to 30 volunteers from western Wayne County and Downriver, he said.
What SMART and Wayne County have to say about the transit millage lawsuit?
Jaren Brown, assistant vice president of marketing and communications for SMART, said the transit provider has not been served and cannot comment on pending litigation.
In a statement, Assad Turfe, chairman of the Wayne County Transit Authority and deputy Wayne County executive, said the county has not been served either and became aware of the suit only after a Free Press 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. “The Wayne County Transit Authority has been transparent and followed all disclosure and notice requirements under Michigan law. Public transit provides an affordable transportation option for tens of thousands of Wayne County residents at a time of rising gas prices and car insurance. We will not be intimidated or deterred from our mission of preserving an important lifeline for seniors and people with disabilities who cannot easily drive on their own.”
What the lawsuit alleges about open meetings violations
Wilk searched the county website but didn’t find any information about upcoming meetings of the Wayne County Transit Authority, according to the complaint. He then filed a FOIA request with the county seeking, in part, a calendar about future meetings but was denied that information because there were “no responsive records currently available,” according to a FOIA response included in the complaint.
Then he learned the measure was approved for the August ballot and, days before filing their lawsuit, plaintiffs got a copy of the ballot language that Wilk said had “major problems.” Plaintiffs say communities already have their own bus service that provides for seniors.
A reporter’s search of the Wayne County website for “Wayne County Transit Authority” showed only a meeting notice for Aug. 11, 2022. The entity is not listed among the boards and authorities on the county website, as of Monday, May 11. A March meeting of the Wayne County Transit Authority is not listed on the county site; neither is a September meeting the lawsuit references.
Reach report Nushrat Rahman at nrahman@freepress.com.
