Oral arguments heard in ballot designation case
Court of appeals will hear oral arguments City Council candidate Jerry Rubin will appear in the Ninth Judicial Court Appeals today to argue his case against the city that he should be labeled “peace activist” on the November ballot.
Rubin, who ran for city council in 2000, sued the city for violating his civil rights because it refused to let him classify himself as a peace activist as his profession.
The state requires that candidates be identified on the ballot by their occupation, profession or vocation in an effort to avoid confusion or deception amongst voters. The guidelines require that the classification explain how candidates earn their income. Political designations are not allowed.
Rubin’s lawyer, James Fosbinder, argues that the state law violates his client’s First Amendment rights. He also says cities are given leeway from the state in how they regulate ballot designations.
Rubin, an outspoken citizen who has been a fixture at most public meetings for the past two decades, says political activism is his profession.
He can be seen wearing his signature shorts, T-Shirt and sandals, on the Third Street Promenade doling out bumper stickers for peace and fighting for a plethora of liberal causes, including the preservation of Ballona Wetlands in Playa Vista and protecting street performers’ rights to express themselves.
For this November’s campaign, Rubin is not accepting donations or endorsements, only volunteers.
“I’m not a doctor, a lawyer, an educator or a plumber,” he said. “Some say I should get a real job, but activism is my life long mission.”
A U.S. District judge in September of 2000 denied Rubin’s request for a preliminary injunction against Santa Monica City Clerk Maria Stewart, who enforced the state regulation.
The suit asks that the state allow the city of Santa Monica to ignore California ballot designation rules.
Rubin has long been confused with the other Jerry Rubin, nationally known for his involvement in the Chicago Seven and other activist roles. The other Rubin died in 1994.
The case will be heard in the U.S. Court of Appeals in Pasadena.
Originally published in the Santa Monica Daily Press print edition on June 6, 2002. Read the original PDF.