 |
|
|
|
|
City Beat
Judge rules candidate cannot use old photo
Spence's request for a temporary injunction denied
By Chantal Lamers
District 6 city council candidate Jim Spence won't be using an old photograph of himself in his campaign literature after a Superior Court judge didn't give the police sergeant the injunction he was hoping for.
Spence went to court Feb. 10 to ask a Superior Court judge to grant a temporary court order that would allow him to use an old photo of himself in police uniform for campaign brochures. The injunction would have prevented chief of police William Lansdowne from initiating disciplinary action against Spence for using the old photograph.
According to state law, public employees can't participate in political activities while in uniform. Spence took the matter to court after a city attorney interpreted the law to include old photos.
The court ruled that if the argument were adopted, it would imply that the San Jose Police Department endorsed Spence in his run for city council. However, the court ruled that Spence still retained his First Amendment rights to verbally describe his employment history without suggesting support from SJPD.
Spence's attorney, Peter Ajlouny, argued in court that if Spence resigned from the force today, or tomorrow, he would be legally able to use the old photograph.
The injunction Spence was seeking would have allowed him to temporarily use the photos until a judge had time to interpret exactly what the law means. Ajlouny said a clarification of the law is still pending, and a hearing in which the judge would interpret the law hasn't been scheduled.
Before Spence went to court, he said he believes the law wasn't created to be so stringent that historic photos couldn't be used.
The photograph Spence wanted to use in his campaign depicts him accepting an award in uniform from then-Mayor Janet Gray and then-police chief Joseph McNamara for saving the life of a San Jose resident. He believes that pictures speak louder than words, and by using the photo, it would show his 30 years of dedication to the police force.
Ajlouny said taking the matter to court was the right course to take.
"It's what we have a legal system for--sometimes it works for you and sometimes it doesn't."
|
|
|
|
Willow Glen, California Since 1992
