Former Councilman’s Libel Suit Is Dismissed

A libel suit filed by former Rolling Hills Estates City Councilman Jerome Belsky against two political opponents has been dismissed by a Torrance Superior Court judge, who ruled that the activists’ statements against Belsky in a 1988 recall election were constitutionally protected free speech.

Judge William C. Beverly on Tuesday dismissed Belsky’s 2-year-old lawsuit against Paul E. Bradley Sr. and Jacki McGuire, both of whom led the successful recall campaign. McGuire later won election to Belsky’s seat on the City Council.

“I think this sends a message that the citizenry does have the right to criticize politicians,” said James Link, Bradley’s lawyer. “What the court was really saying was, maybe there was some overstatement, maybe there was some fiery rhetoric, but that it was protected political debate.”

McGuire called the judge’s ruling “a victory for the little guy.”

“Public officials usually have a lot of money and can afford to fund this costly litigation,” McGuire said, “and little guys like myself can become very intimidated.”

Belsky could not be reached for comment, and his attorney, Jerome Bleiweis, said he would not make a statement until today.

Five other defendants had been dismissed from the case or reached out-of-court settlements with Belsky.

Beverly’s ruling Tuesday preempted what was expected to be a seven-week trial into the campaign surrounding Belsky’s November, 1988, recall.

The judge ruled that most of the charges in petitions and flyers against the 12-year councilman were protected by the Constitution because they were presented as opinions and not facts. Allegations in the campaign that Belsky had been “convicted of chemical pollution” were made without malice and therefore also represented political statements that are protected by the First Amendment, the judge ruled.

The libel allegations stemmed from two petitions and four flyers circulated in Rolling Hills Estates.

A notice of intent to recall and the recall petition itself said, among other charges, that Belsky had “tainted our council’s image by an arrangement with two other councilmen to invest in a business in our city.” The recall documents said the investments created the potential for a conflict of interest or violations of the state’s open meeting law.

Belsky charged that these and other statements were untrue, insulted his reputation and were made in reckless disregard for the truth.

Beverly found that such charges constituted opinions and were protected by the Constitution.

Three of the flyers also discussed a 1987 case in which a metal plating firm that Belsky owns in Harbor City pleaded no contest to eight misdemeanor counts involving the dumping of toxic wastes. Bumperline Inc., which put chrome finishes on car bumpers, was fined $30,000 and placed on three years probation.

Sixty-six other misdemeanors, including some charges against Belsky and his son, Michael, were dismissed.

One flyer said that Belsky himself had been “convicted of chemical pollution,” fined and placed on probation. Another said he had been charged with 74 counts and placed on probation.

According to attorney Link, Beverly in his ruling Tuesday said that it was not surprising that lay people had misinterpreted the 1987 court case--imputing the conviction to Belsky rather than his company.

In fact, the judge noted, Belsky had been ordered to give a speech on safe methods of hazardous waste disposal to an industry trade group as part of his company’s probation.

In any event, Beverly ruled, the statements about Belsky and his company “are without actual malice, constitute ‘core political statements’ and are, hence, protected under the First Amendment.”

The former defendants said they may sue Belsky to recover their legal costs.