California IN BRIEF : SAN DIEGO : Judge Bars Anti-Smoking Defense in Vandalism Case

A judge has ruled that a San Diego man who claims he defaced billboards advertising cigarettes because he believes they pose a health hazard cannot use that as his defense. Donald Gary House, 42, a self-employed painting contractor who dubbed himself the “Billboard Bandit,” went on trial Monday, charged with four misdemeanor counts of vandalism. Municipal Judge Richard J. Hanscom ruled that defense attorney Thomas J. Ulovec would not be allowed to present “a defense of necessity.” In this case the defense would try to show that House committed the offenses out of necessity to protect the public from the harm of cigarette smoking. Deputy Dist. Atty. Stacy Running said House vandalized more than 50 billboards between March and June.