This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Government
Municipalities
Writ of Administrative Mandamus

Charles R. "Chuck" Reed, an individual and Mayor of San Jose; San Jose Fiscal Reforms; Mayor Reed; Chamber PAC and Issues Mobilization PAC Proponents; Benjamin J. Roth v. Fair Political Practices Commission, and Does 1 through 10, inclusive

Published: Jul. 18, 2015 | Result Date: Jun. 5, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 34-2013-80001709 Settlement –  Writ Ganted

Court

Sacramento Superior


Attorneys

Plaintiff

Jesse A. Mainardi

Bradley W. Hertz
(Sutton Law Firm)

James R. Sutton
(Sutton Law Firm)


Defendant

Heather M. Rowan

Jack C. Woodside

Zackery P. Morazzini

Hyla P. Wagner


Facts

Former San Jose Mayor Charles R. "Chuck" Reed, and his controlled committee San Jose Fiscal Reforms, Mayor Reed, Chamber PAC and Issues Mobilization PAC Proponents, along with the committee's treasurer Benjamin J. Roth, sought a writ of mandate against the Fair Political Practices Commission relating to a fine imposed by the Commission.

Contentions

PETITIONERS' CONTENTIONS:
The Fair Political Practices Commission fined Mayor Reed, a committee he formed, and the committee's treasurer $1 after concluding they violated a state law that prohibited the committee from making contributions to other committees for the purpose of making independent expenditures supporting or opposing candidates. Petitioners sought a writ of mandate declaring the law unconstitutional because it suppressed free speech.

Result

The court declared the law unconstitutional and granted petitioners' writ of administrative mandate and request for declaratory and injunctive relief. California Governor Jerry Brown approved a $106,173 payment to Mayor Reed for attorney fees under CCP Section 1021.5.


#115638

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390