Anaheim Sues City Councilman on Election Signs

Anaheim City Councilman Fred Hunter will square off in court next month with an unusual foe: the city he represents.

Anaheim has sued Hunter and William D. Ehrle, a candidate in last year’s council election, in small claims court for a total of $1,236.48--the amount city officials figure it cost to have city crews remove their political campaign signs from public spots.

“The City of Anaheim sues a city councilman--and a lawyer at that,” Hunter said Thursday, calling the city’s move “petty” and pledging to fight the lawsuit.

Ehrle, who is now seeking the council seat vacated by Don R. Roth when he was elected to the Board of Supervisors, called the Anaheim ordinance that provides for such a lawsuit unconstitutional and said he, too, will fight the city. Anaheim is seeking $212 from Ehrle for removing 70 signs and $1,024.48 from Hunter for 337 signs.

Last October, Hunter and Ehrle sued the city for removing their signs from private property. At the time, the city acknowledged that it may have been too zealous in removing the signs, and a court commissioner granted a temporary restraining order blocking further removals.

But that action is unrelated to the current lawsuits, said John Poole, head of city code enforcement. Poole said Hunter and Ehrle were the only two of 29 people billed between Oct. 13 and Nov. 5 who did not respond to notices asking for reimbursement for the costs of removing signs from public places.

“What the city is trying to do is be fair to all the people who had signs on the public right of ways,” Poole said. “We’re following a normal procedure when we have nonpayment: we file a small claims suit.”

Others Paid Costs

Others who paid the costs of removing and storing their signs included Mayor Ben Bay, who paid $12.16 for four signs, and Councilman Irv Pickler, who paid $100.32 for 33 signs, according to Poole.

“We set the rules down,” Pickler said, referring to the sign ordinance that was adopted last July. “It behooves all of us to pay our bill.”

The sign ordinance allows the city to remove illegal signs--those posted on utility poles and in other public places--and charge their owners for removal and storage.

Although Pickler said he did not personally place the signs on public rights of way, “some of my people who worked for me may have gotten carried away. . . . I felt I was responsible. He (Hunter) is responsible.” Pickler said he agrees with the city’s move to take Hunter and Ehrle to small claims court because anybody who “costs the city money should pay up.”

Hunter and Ehrle said Thursday that city maintenance crews selectively enforced the ordinance barring signs on public rights of way. Both men also said the city could not prove it was they, or their campaign workers, who posted the signs and not opposing candidates.

Hunter, who said he placed his signs only on private property, also questioned whether the signs in question came from public rights of way and not private property.

Cited Lawsuits

He pointed to lawsuits he and Ehrle filed last October against Anaheim and City Manager William O. Talley when city crews took down signs from private property after the candidates had received the consent of the owners to put them there.

At the time, Ehrle said the city’s action may have been politically motivated. On Thursday, Ehrle questioned whether the city was discriminating against him and Hunter, the newest member on the city council.

Poole denied any discrimination. Anaheim, he said, is “just going along with normal procedure. When a fee we feel is due to the city is not paid, we file the proper lawsuit. That is just normal business.”