Appeal in Inglewood Council Case Set Tuesday

A state appellate court will hear oral arguments Tuesday in the 20-month-long battle over an Inglewood City Council seat.

Councilman Ervin (Tony) Thomas currently holds the seat, but his June, 1987, election was annulled in October of that year by Los Angeles Superior Court Judge Leon Savitch. He threw out 31 ballots because of Election Code violations. Savitch’s ruling resulted from a lawsuit filed by council candidate Garland Hardeman.

Although a new election was ordered, Thomas remains in the seat pending appeals by his lawyers and lawyers for the city.

Ruling Within 90 Days

At Tuesday’s hearing, the three-judge panel of the state Court of Appeal will ask questions and hear attorneys for the city and Hardeman and Thomas summarize their written arguments. The justices will issue a ruling within 90 days. Attorneys and court officials expect an early ruling because the case involves an elected office.

In copious written arguments filed with the court over the last several months, lawyers for Hardeman argue that Savitch ruled correctly in annulling the election because of widespread Election Code violations involving absentee ballots. Instead of a new election, they are asking the appellate court to name Hardeman councilman. They argue that the law requires that Hardeman be declared the winner because Savitch’s voiding of 31 ballots left Hardeman with more votes.

Attorneys for Thomas and the city say Savitch ruled on insufficient evidence and did not give the city due process in preparing its case. They argue that the decision sets a dangerous precedent which would encourage frivolous litigation of election results.

Hardeman is represented by Tuttle & Taylor, a Los Angeles law firm, which is handling the case for free because of the public interest questions involved.

Appellate specialist Edward Lascher, whose request to postpone oral arguments because of cancer surgery was denied by the court in January, has recovered sufficiently to argue for the city of Inglewood, according to his wife and law partner, Wendy Lascher.

Thomas will be represented by attorney Robert Stroud, who represented him during the 1987 trial.