San Bernardino County Board of Supervisors Chairman Bill Postmus scored a legal victory today in his campaign for County Assessor when Superior Court Judge Christopher J. Warner denied incumbent Assessor Don Williamson’s motion for a temporary restraining order against Postmus’ use of a campaign logo.
Williamson’s lawsuit alleged that Postmus’ logo (pictured right) implies that Postmus is the incumbent Assessor because it includes the name "Bill Postmus" and the words "County Assessor" below it in the logo graphic, without the words "Elect" or "For" included.
Ben Davidian, Postmus’ attorney and former Chairman of the California Fair Political Practices Commission, argued that the Postmus campaign logo was created in accordance with standard business practices and design techniques used for decades in American political campaigns, and that Williamson’s motion was tantamount to asking the Court to design Postmus’ logo. Davidian characterized Williamson’s lawsuit as "pathetic" and "a legal drive-by shooting". "It’s unfortunate that so much of the Court’s valuable time was wasted by Williamson’s frivolous lawsuit," Davidian said after today’s hearing.
In denying Williamson’s motion, the Court found no merit in Williamson’s lawyer’s arguments. Davidian said Postmus in no way intended to mislead anybody and that the only people who appeared to have been "confused" by the Postmus campaign logo were Williamson and his attorney. Davidian further argued that Williamson’s motion was a thinly veiled attempt to infringe on Postmus’ political speech rights.
Yesterday’s San Bernardino County Sun editorialized that Williamson’s suit constituted "a cheap publicity stunt."… "It reminds us of his last run for re-election in 2002, when he filed a lawsuit against a partnership that included his opponent, Linda Foster," The Sun wrote, further noting, "He dropped the suit after the election." [Read more here (The Sun) and here (Press-Enterprise)].
Ironically, Williamson’s bizarre behavior may actually end up giving him a miniscule shot at getting into a runoff in November. He initially announced his retirement when Postmus got in the race. Then at the last minute Williamson got back in the race, but because he had announced retirement, two low-level appraisers from his office filed to run, and their names are still on the ballot. Despite his superior resources, Postmus may have a tough time getting to the 50 percent-plus-one threshold in November considering the fact that he faces an incumbent plus two additional opponents.
But if anyone can do it, it’s Postmus. He has exceeded the million-dollar fundraising mark. Consultant Steve Presson is overseeing a voter-contact program that would be the envy of gubernatorial campaigns in about 15 states. Postmus has already sent more than 2 million pieces of targeted mail and garnered endorsements from 90 percent of the elected officials in the county, the county GOP, Deputy Sheriffs, Firefighters, the Howard Jarvis Taxpayers Association PAC, CRA and others.
Williamson showed $8,000 cash-on-hand at the latest reporting in March, but he’s about $80,000 in debt from previous campaigns (where his chief tactic was suing his opponents). His current campaign has been limited to a meager sign campaign with no targeted mail, and no absentee-ballot chase. He’s been seen handing out chocolate bars and ink pens bearing his name. So, you can see where this one is headed.
May 11th, 2006 at 12:00 am
I am happily surprised you acknowledged that there could be a run-off in November. Everything I have read and heard from the Postmus camp has been way too blissfully positive. Gald you are grounded and glad to hear the judge did the right thing.