Editor:

When two factions emerge within our community, passionately opposed over an issue, yet sharing the same basic goal, there is a high probability that they simply do not share the same facts. We believe that is the case with Measure H, over which a dialog erupted through some very strongly worded letters-to-the-editor against those Alamedans challenging the legality of the measure.

For that reason, perhaps it would be helpful to quantify how Measure H appears that it will impact a sample of businesses in town: l The owner of a local boat yard, whose business spans four parcels, will pay approximately $38,000 in Measure H taxes annually; more than $150,000 over the four years of the parcel tax.

l A small, independent grocer will pay roughly $6,000 annually, while Safeway's prorated share at Alameda Towne Centre is estimated at less than $400.

l A group of independently owned senior residence communities will pay roughly $20,000 annually. Many of the senior residents who will ultimately share in this incremental tax are on fixed incomes.

l A local retail store estimates its Measure H taxes at an extra $10,000 a year.

l A family-owned nursery will pay $3,500 a year.

l A storage facility, $9,500.

These are just a few of the cases that have been shared at meetings held by a large number of local business and commercial property owners. And these are not the worst examples. For one property owner, the incremental Measure H parcel taxes are estimated in the hundreds of thousands of dollars per year. That burden is for a single property owner.

Regrettably, we don't yet know exactly how the final parcel tax, with its caps and blended rates, is to be levied, so these numbers are estimates. Their orders of magnitude, however, are correct.

This uncertainty over how the parcel tax is ultimately to be calculated, and our inability to find definitive answers to our questions both before and after the vote, is part of the frustrating and maddening process surrounding the measure. For many of us, the above numbers could mean the difference between surviving a tough economic environment and simply going out of business.

So for those who propose that local businesses "suck it up" regarding the inequities in Measure H, we request that you take time to consider how Measure H impacts some of your fellow Alamedans, and how you might respond if placed in our position. The tone of some letters-to-the-editor suggests that the authors are disgusted with what they interpret as our selfishness and unwillingness to help the community that supports us. The message is that everyone in Alameda has dug deep to sacrifice on behalf or our schools and we are "whining" over paying our fair share. Please consider that for those facing only the $120 residential parcel tax, you are contributing less than 33¢ per day. As individual business owners, we are being forced to pay tens, hundreds, and even, thousands of times your contribution.

Ironically, there is likely a contingent among the Measure H advocates that are also opposed to the concept of a Target, OSH, "megaplex," Starbucks, Kohl's or other large "chain" operators entering Alameda. Instead, they prefer small, independent merchants, operating out of owner-occupied and lovingly restored historic buildings, which help preserve our small-town feel. Fact: Measure H unequivocally punishes those small businesses while protecting their biggest competitors.

Measure H sought to address a community problem, but in no way did it provide a true community solution.

For the above reasons, we have chosen to fight the passage of Measure H. Contrary to statements by some, we opposed it prior to the vote. When we spoke up during the emotional Measure H campaign, we met with two reactions: 1) from those who authored the measure, we received either inconclusive answers or no answers at all. And 2) from select individuals in town, we received threats of boycotts.

The research we conducted on our own indicates that Measure H is illegal. Pure and simple. It is a split roll parcel tax, which would require that tax treatment be equal within the identified tax groups. However, Measure H's combination of flat parcel taxes and per square foot taxes, combined with an array of exemptions and caps, yields nothing close to equal treatment.

Not only do we feel we are within our rights to defend ourselves against a measure that is illegal, we believe we have a certain level of responsibility to individuals in other California communities that may soon be facing similar measures fashioned after Alameda's Measure H.

Regrettably, now that Measure H has been voted into law, there are only two apparent ways for its reversal: 1) for AUSD to acknowledge the flaws in the measure, retract it, and work with the entire community to develop a more equitable measure, or 2) fight it in court. By filing a lawsuit, we are preserving the only option available to us as individual business and property owners. Only AUSD has the ability to retract the measure.

Despite the backlash against us, as evidenced by letters-to-the-editors, threatening phone calls to our businesses, and even hostile outbursts in our stores by those outraged by our decision, our goal is to remain calm and optimistic. The harshest indictment we have for those who authored Measure H is that it may be proven that they were not qualified to write tax laws. And we do not fault the many Alamedans who voted in favor of Measure H, based upon the incomplete information widely presented. But that does not mean that a small number of Alamedans should be forced to pay for the measure's gross inequity.

Be aware that for many Alameda businesses, the incremental tax for Measure H eclipses all other special assessment taxes we pay, combined, including the prior school-related parcel tax, still in effect. That leads to another potentially negative ramification of Measure H: It could stifle any near-term attempts to raise taxes to support other much-needed City services.

Alameda's small business owners have proven to be among the largest contributors to local entities, including our schools. Many of us have children and grandchildren in Alameda's public school system, and we give freely both as parents and as members of the business community. Beyond cash donations, we provide product and volunteer our services and time. So it is not only frightening, but also painful to be singled out and castigated as anti-school and anti-Alameda.

We are willing to accept an equitable parcel tax to support Alameda's schools. Please accept our determination to fight Measure H as an indication of how poorly the law was written.

— Alamedans for Fair Taxation