Wednesday, July 14, 2010

Why the Freedom of Political Speach is IMPORTANT in GT

Correction to this post:
Stanckiewitz made the motion to approve Freedom of Political Speech in GT. Cortes and Ferre did not second the motion and so there was no vote on the Staff and Legal Staff recommendation that the GT Code be changed to conform to the Case Law on the subject of Political Signs.

Cortes and Ferre chose to continue to put GT at risk of a law suit in alliance with Tom Schwab.

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Grand Terrace has for many years under the leadership of Former City Manager Tom Schwab cast aside any real concept that the city was obligated to operate within the bounds of the US Constitution, California State Constitution and Law and yes even County Laws and Ordinances.

Shock when this practice resulted in several law suits that the city lost and or had to spend a significant amount of money to lose or negotiate to a resolution. It should not have been a shock to hear now Citizen Tom Schwab try to say the code is more righteous as is written. He encouraged the council to leave it alone, let it stay as it is until some one sues the city. He said there is a separation between church and state and this meeting started with a prayer and that is not constitutional. This after his own hire the City Attorney advised the council that the code needed to be changed to be in line with the US Constitution, California Law and so forth.

The US Constitution and the California State Constitution do not prohibit prayer during public meetings. They prohibit the promotion of a State Religion or State Church. Mr. Schwab should study up on the difference between prayer and a Religion and a Church being sanctioned by the State or Political Entity. Sure it would be nice to hear a prayer from different non Christian Religions within the council chambers perhaps the City Manager could invite some Non Christians to offer the beginning prayer.. Who knows what would happen then?

The issue of how long political signs can be up prior to an election is important. If you have name recognition say for example, you are a former school principal, or a realtor, or are currently on the City Council, you have name recognition. Challenger candidates have to campaign harder just to break even in an election let alone win. So citizens should accept the excuse political signs are ugly as being the primary concern of the council members as suspect.

It is clear that when Council Member Wal Stanckiewitz countered Mr. Schwabs statements with a strong rebuke he himself was not a fan of a prolonged period of political sign display. However, he pointedly said, he could not invite the cost of a law suit on the chance one would not be filed, nor could he with a clear moral conscious perpetuate a code that is basically unconstitutional. He moved the changes be made to the code with reluctance. Mayor Ferre took exception to his statement, she does not ignore nor is she uninformed she has the same information he has. He clarified his point, he said, he had to move for the change because now that he is informed he must do what is right not necessarily what he likes.

Who benefits from the name recognition game. Existing Council Person Bea Cortes who stated she was running again. Former Tom Schwab who it is rumored is running. Mayor Candidate and current City Council Member Walt Stanckiewitz. These people would benefit politically from a shorter political season in GT.

Thanks to Council Member Walt Stanckiewitz comments and motion to accept the changes in the code the city is now in compliance with existing case law, and the US Constitution regarding the freedom of political speech. He stood up to the Schwab suggestion to just let the current code ride until there is a law suit. Mayor Ferre and Bea Cortes seemed reluctant to cast a vote to change the city code, but they did eventually.

Apparently the issue regarding the code came to the attention of the City Manager/City Attorney by a non Council Member who intends to run for office. This first action on the challengers side has resulted in the restoration of your freedom to express political speech in Grand Terrace. We should be thankful to that individual or individuals for their bringing forth the issue regarding the sign code limitations.