Judge in Drug Case Says Signs Must Stay

An Orange County Superior Court judge Tuesday denied a homeowner’s request to allow him to remove signs outside his condominium that say no illegal drugs can be sold at his home.

Superior Court Judge C. Robert Jameson refused to lift a preliminary injunction he issued in July ordering Garrie Charles Culver, 46, to post the signs.

Culver is being sued by the city of Fountain Valley, which alleges that drugs were being sold at his condo. Until the case is settled, Culver must leave the signs posted outside his door.

Jameson also denied a motion that would have forced the city to disclose the identities of two of its informants in Culver’s case. The city has released the name of one informant.

“We’re disappointed--we don’t agree with it obviously,” Emmett Raitt, Culver’s attorney, said of the rulings. “We hope the Court of Appeal, should we seek their help, will look at it more favorably.” Raitt said he may ask the higher court to evaluate Jameson’s rulings.

Jameson set a settlement hearing for May 17, but Raitt said he expects the case to go to trial. However, no trial date has been set.

City Atty. Alan R. Burns said he was pleased with Tuesday’s rulings. “We are only after stopping the drug dealing in that neighborhood,” he said. “And that remains our primary goal.”

Culver, who is blind and has lived in the condo at 11800 Tulip Court for 20 years, has not been arrested or charged with selling drugs. However, he has been cited for possession of less than an ounce of marijuana.

Should the city ultimately prevail in the case, Culver could face a $25,000 fine, Burns said. Culver could also face a fine of up to $10,000 and six months in jail for violation of the injunction, he said.

Raitt argued that forcing Culver to post the signs violates his First Amendment rights.

The signs read in part: “These premises are under court order not to be used for the sale or use of illegal drugs. No illegal drugs will be sold or given to any persons entering or leaving premises.”

Raitt said the signs make “a declaration to the world that there has been drug sales.” He said that there is no constitutional basis for the posting of the signs when the sale of drugs “hasn’t been proven in court.”

He also said the signs have been “embarrassing” for Culver and his family.

Raitt also argued that the declarations filed by the city from residents and police officers who said they believe drug activity has taken place at Culver’s condo is hearsay and insufficient evidence.

“The only evidence the city has presented is declarations from neighbors that they’re pretty sure something’s going on because of the traffic,” Raitt told the judge.

Residents said that they have observed a number of people visiting Culver’s condo for short periods, often double parking or leaving their cars in red zones. Jameson ruled that the declarations were sufficient evidence because they have been corroborated by police officers’ statements.

Burns said he believes the city “can come up with direct evidence” of drug dealing before the trial. “The city hasn’t played its trump card in this case,” he said.