Judge Bars Peace Activist Designation on Ballot

A federal judge refused Wednesday to order that a Santa Monica City Council candidate be listed on the November ballot as a “peace activist,” his preferred designation.

In denying Jerry Rubin’s request for a preliminary injunction against the city clerk, U.S. District Judge J. Spencer Letts urged the candidate’s lawyer to appeal his ruling to a higher court immediately.

“I want to see this issue get to the 9th Circuit [Court of Appeals] as quickly as possible,” Letts told Rubin’s lawyer.

State rules require that candidates be identified on the ballot by their profession, occupation or vocation. Designations with political content are barred.

Rubin’s lawyer, James Fossbinder, says the regulations violate the 1st Amendment. He said he would file with the appellate court this morning seeking an emergency order. But that may not be soon enough.

Santa Monica Deputy City Atty. Cara E. Silver, who attended the court hearing, said that Wednesday was the deadline for the city clerk to submit the ballot to the county, which handles printing.

Silver tried to raise that issue during Wednesday’s hearing, but the judge cut her off before she could mention it. She said outside the courtroom that Letts should have made the county a party to his ruling because it controls the printing. Deputy County Counsel Halvor Melom, who represents the voter registrar-recorder’s office, did not return phone calls seeking comment.

During an exchange with Fossbinder in court Wednesday, Letts said that politically tinged titles can mislead the voters.

“I suppose Joseph Stalin might have called himself a peace activist,” Letts said. Fossbinder contended that the current rules favor incumbents or people with status, like lawyers and judges.

“How about just plain activist?” asked Fossbinder, hoping the judge would accept a compromise. But Letts said he had made up his mind.

Rubin--not the Jerry Rubin of Chicago Seven fame--who has been a fixture at Santa Monica City Council meetings for two decades, contends that political activism is his vocation.

He has crusaded for preservation of the Ballona Wetlands, championed the cause of street performers, demanded improved facilities for the disabled and has vehemently opposed war toys. He has sued the city six times over 1st Amendment issues, winning or forcing the city to settle each time.

In 1974, he ran for Congress as a Peace and Freedom Party candidate, collecting 6,000 votes, he said.

A high school dropout and reformed drug addict, Rubin is running for one of four open seats on the Santa Monica Council. He is turning away donations, endorsements and volunteers, asking voters to cast their ballots for him “only if you think I deserve it.”