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
Bradley W. Hertz
(Sutton Law Firm)
James R. Sutton
(Sutton Law Firm)
Defendant
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.
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