This story was reported for the San Diego News Network on February 17, 2010.
A court decision has been made in the case between former City Council candidate Phil Thalheimer against the City of San Diego granting a preliminary injunction in three parts of the Campaign Finance Law.
After listening to opening arguments earlier in February, Federal Court Judge Irma E. Gonzalez issued a ruling Tuesday, which upheld three local campaign rules and suspended three others.
The lawsuit — which was filed against the City of San Diego in December by Thalheimer, John Nienstedt and the San Diego chapters of Associated Builders & Contractors, the Lincoln Club and the Republican Party — claimed that local laws have violated First Amendment rights.
The court’s decision, after the Feb. 2 opening, ruled to suspend the $500 contribution limit on independent expenditure committees and the 12-month temporal limitation to self-financed candidates.
Gonzalez also ruled in favor of Thalheimer for the contribution ban applied to political parties. However, the court opted to keep the law in place until the City enacts a “reasonable” contribution limit.
Although, Thalheimer saw a win in three sections in the City’s Campaign Finance Law, the court also ruled to uphold three sections: the $500 contribution limit from individuals, the 12-month temporal limitation as to the ability of candidates to accept campaign contributions, and the contribution ban as applied to other non-human and non-political parties, which only applies to contributions to candidates.
“This decision is a victory for the First Amendment and all the citizens of San Diego,” said James Bopp, Jr. of Bopp, Coleson and Bostrom. “Their First Amendment rights have been vindicated by the court.”
While Dick Semerdjian of Schwartz, Semerdjian, Haile, Ballard & Cauley LL,P who defended the city alongside Loyola Law professor Richard L. Hasen, said it was a “careful and thoughtful opinion.”
He said that though the court upheld the “core of the challenged laws,” it relied heavily in the recent Citizens United Supreme Court ruling when suspending contributions to independent expenditure committees.
Both sides have yet to indicate whether an appeal would be pursued. Smerdijian also noted that the decision could change in any final court ruling.
Thalheimer is a local businessman who ran in 2008 against now Councilmember Sherri Lightner for the District 1 seat. He indicated in the complaint that he is possibly considering another run at office, although no timetable for his candidacy has been set.”
Hoa Quach is the political editor for the San Diego News Network. Follow her on Twitter or add her on Facebook.