District 3 City Council candidate John Hartley pleaded no contest to one misdemeanor charge Monday, April 7, and issued an apology to voters, vowing to stay in the race.

Hartley, 65, pleaded no contest to lewd conduct in public, a misdemeanor. A charge of public urination into a cup inside his truck was dropped by the City Attorney’s office. A no contest plea means one is not contesting the charge and it cannot be used in a civil lawsuit as an admission of guilt. It is, however, a conviction.

The plea was made by Hartley’s attorney, Michael Pancer. Hartley was not required to appear. Pancer asked for immediate sentencing, which San Diego Superior Court Commissioner Robert Rice granted. Hartley was placed on three years probation, fined $500 and given credit for one night in jail stemming from his March 27 arrest in the Kensington area, where he had been campaigning door-to-door.

Deputy City Attorney Christopher Morris did not seek an additional fine or jail time for Hartley.

“To his credit, Mr. Hartley has taken accountability for his actions and has now entered a change of plea form to the charge that was alleged,” Morris said. “He has stepped up and taken accountability for what he did.”

Hartley was arrested on suspicion of indecent exposure after two women in Kensington complained to San Diego police that he could be seen urinating into a cup inside his truck. One woman said she thought he was also masturbating.

Hartley was not charged with indecent exposure because, said Morris, “We didn’t think there were facts that support that charge.” An indecent exposure conviction would have required Hartley to register as a sex offender.

Hours after his plea, Hartley issued a public apology, saying: “I want to apologize to the voters of the 3rd District. I made a mistake. I accept full responsibility for my actions. And I promise not to let it happen again.”

Hartley continued: “If the voters do not believe I should represent them on the City Council, I will accept their judgment. But, if the voters can look past this mistake, I promise to fight as hard as I always have to put our neighborhoods first. Thus, I put my fate in the voters’ hands.”

Hartley continued: “I also want to say that I harbor no hard feelings towards the police, who were doing their job, or towards the women who complained, who care about our neighborhoods, or towards the press, who have been working to inform the public.”

Hartley’s campaign consultant, Larry Remer, said Hartley will return to the campaign circuit immediately.

Hartley was ordered to have no contact with the women who complained about him and he is barred from returning to the 4600 block of Vista Street, where he was arrested. He could have received a maximum term of one year in jail and/or a $1,000 fine.

Hartley, a Democrat, served as District 3 councilmember from 1989 to 1993 and he opted not to seek re-election. His aide, Christine Kehoe, was elected to two terms as councilmember and was the first lesbian on the City Council. Kehoe’s aide, Toni Atkins, succeeded her, and served her second and final term this year.

“I only hope that this one unfortunate lapse of judgement on my part does not overshadow the 25 years of genuine, hard work I have done to improve our neighborhoods,” Hartley said in his apology.

Originally published Thursday, April 10, 2008 in issue 1059

The California Supreme Court ruled Thursday, May 15, to overturn the state’s ban on same-sex marriage, making California the second state in the nation to allow same-sex couples to marry. Mayor Jerry Sanders and the San Diego City Council signed an amicus brief, or friend-of-the-court brief, in November, supporting same-sex marriage.

On March 4 the courts heard oral arguments in the case that had a record 45 briefs submitted.

In its ruling, the court noted, “Retaining the designation of marriage exclusively for opposite-sex couples and providing only a separate and distinct designation for same-sex couples may well have the effect of perpetuating a more general premise – now emphatically rejected by this state – that gay individuals and same-sex couples are in some respects ‘second-class citizens’ who may, under the law, be treated differently from, and less favorably than, heterosexual individuals or opposite-sex couples.”

The decision explicitly strikes down Proposition 22, a 2000 voter passed initiative that passed that sought to limit marriage to only between a man and woman.

“Our state now recognizes that an individual’s capacity to establish a loving and long-term committed relationship with another person and responsibly care for and raise children does not depend upon the individual’s sexual orientation,” Chief Justice Ron George wrote for the court’s majority, which also included Justices Joyce Kennard, Kathryn Werdegar and Carlos Moreno.

In a dissenting opinion, Justice Marvin Baxter agreed with many arguments of the majority but said the court overstepped its authority. Changes to marriage laws should be decided by the voters, Baxter wrote. Justices Ming Chin and Carol Corrigan also dissented.

The San Diego county clerk’s office was inundated with calls from same-sex couples asking when they could be married.

“We will be waiting for the state who establishes marriages, policies and procedures to tell us when we can start issuing marriage licenses,” said Diane Bradrick, the chief deputy county recorder for San Diego.

The court’s decision becomes final in 30 days, and couples can begin marrying, unless that period is extended by court order.

The Center hosted a short, informal information session Thursday, May 15, following the high court’s ruling.

Word of the court’s ruling spread quickly in the community and San Diego residents gathered at The Center to share perspective.

“This is historic,” said Dale Kelly Bankhead, chair of The Center Advocacy Project. “This is a victory for every Californian who believes in fairness and that two loving, committed people are entitled to marry, no matter who they are. They [California Supreme Court] got it right … This tells the lower courts and the county clerks, ‘Get your pens out, get ready.’ I’m looking forward to going to a lot of weddings.”

When reminded wedding gifts for friends can be costly, she said, “I couldn’t imagine a better way to spend the money.”

Joyce Marieb and Linda Barufaldi joined friends and colleagues at The Center to celebrate the ruling. They have been partnered for 35 years and planned to wed on Aug. 30.

“After 35 years, we’re going to have a shotgun wedding,” Barufaldi joked.

The couple held hands while they shared their sentiments.

Originally published Thursday, May 22, 2008, in issue 1065

SAN DIEGO (AP) – Mayor Jerry Sanders has shown he knows how to stretch a dollar to beat back a fiscal crisis. Now he’s proven he can do the same for his political career.

Sanders thumped a wealthy, self-financed rival who outspent him 10-to-1 in a lively contest to run the nation’s eighth-largest city. Businessman Steve Francis conceded the race shortly after the June primary.

“I am optimistic and confident that the mayor and the new City Council will begin to address the challenges that still face our city,” Francis said.

With all precincts reporting Wednesday, June 5, Sanders, a moderate Republican and former police chief, had nearly 54 percent of the vote, enough to avoid a runoff in November.

“It’s clear by the look of [the primary’s] results that voters saw through one of the most deceptive, negative and expensive campaigns in San Diego history,” Sanders said. “I [will] return to work as your mayor and I pledge to keep this city moving forward and in the right direction.”

He touted the city’s new budget rules and 10 percent cuts in municipal staff and pledged to “get back to work” immediately.

Fellow Republican Francis only took 35 percent of the vote in the nonpartisan race.

The businessman committed $4.3 million of the fortune he made founding a hospital-staffing company in hopes of stopping Sanders short of the 50 percent mark, which would have forced a runoff among the top two vote getters.

Self-proclaimed revolutionary Eric Bidwell won nearly 4 percent of the vote after playing the spoiler during the campaign. Without spending a dime, the dreadlocked 26-year-old embarrassed the frontrunners, calling them “rich bozos” at one event. He revealed at a televised debate that the mayor’s campaign fed him talking points trashing Francis, prompting Sanders’ campaign manager to quit.

Voter turnout was light despite the heavily advertised campaign between Sanders and Francis.

Francis, 53, jettisoned the conservative, anti-tax positions that landed him a third-place finish in the 2005 race. Instead, he spent part of the $52.3 million fortune he made selling stock in his company AMN Healthcare Inc. on television ads promoting a vague platform of cleaning City Hall of special interests.

But while the 57-year-old Sanders – whose campaign raised $426,000, may have convinced the majority of voters he deserved a second term to shepherd the city to financial recovery – not everyone who turned out to vote is so eager to see the mayor continue.

The city faces mammoth pension obligations to its workers and retirees. City services have continued to deteriorate during Sanders’ tenure, with potholes going unfilled and water mains regularly breaking. But the city completed overdue audits under his watch and Standard & Poor’s restored the city’s credit rating, ending a virtual freeze on the city’s ability to borrow money.

Originally published Thursday, June 5, 2008, in issue 1067

The crowded undercard in the Primary Election on June 4 featured an aggressive Republican campaign to unseat City Attorney Michael Aguirre, who is both beloved and maligned for his activist approach to the job.

His Republican challenger Jan Goldsmith, a Superior Court judge, forced a November runoff by winning 32 percent of the vote to Aguirre’s 28 percent.

Half of San Diego’s eight City Council districts were also at stake.

District 5 City Council candidate Carl DeMaio won 66 percent of the vote to opponent George George’s 33 percent. DeMaio is the first openly gay man elected to the San Diego City Council.

“I ran on a fiscal platform,” DeMaio said. “I did not run on social issues. I pledge to govern in a way that is inclusive and unites all San Diegans, regardless of their political, economic or social status. I will work hard to address the needs of all San Diego’s communities, including the gay community, of which I am proud to be a member.”

In the race to replace termed-out City Councilmember Toni Atkins in District 3, congressional aide Todd Gloria and American Red Cross spokesman Stephen Whitburn led a crowded field, with the two facing a runoff in November.

Originally published Thursday, June 5, 2008, in issue 1067

A coalition of labor leaders and supporters of same-sex marriage announced Thursday, July 10, a full-scale boycott of the Manchester Grand Hyatt and other Manchester-owned properties.

Douglas Manchester, a San Diego businessman, donated $125,000 to ProtectMarriage.com, the organization behind Proposition 8, the November ballot initiative that limited marriage to between one man and one woman.

The coalition – which includes labor union UNITE Here Local 30, a new nonprofit organization called Californians Against Hate, and is supported by City Council candidate Todd Gloria, San Diego Pride at Work, San Diego LGBT Pride and a number of community leaders – aims to inform Californians about Manchester’s contributions.

The labor union is also targeting what it says is discrimination against women and employees at the Manchester-owned Hyatt in Downtown San Diego. According to the union, hotel housekeepers are forced to clean more rooms than housekeepers at other hotels, and employees have no job security if the hotel is sold.

The organization Californians Against Hate, which supports UNITE Here Local 30’s efforts, is focused solely on disseminating information about the marriage initiative’s donors. The organization launched three Web sites, CaliforniansAgainstHate.com, BoycottManchesterHotels.com andMarchOnManchester.com, to promote a July 18 demonstration at the Manchester Grand Hyatt.

Fred Karger, the spokesperson for Californians Against Hate, plans to use social networking sites like Facebook to get the word out.

Karger’s group plans to list on its Web site business owners and individuals who donate more than $5,000 to ProtectMarriage.com and Proposition 8.

Until then, community leaders avoided launching a formal boycott against Manchester’s properties. Rather, they focused on defeating Proposition 8. Some said a boycott of Manchester’s properties would utilize volunteer and financial resources needed to win in November. Some say, however, educating travelers about the boycott is a small part of the larger campaign.

UNITE Here Local 30 and Californians Against Hate did not ask for financial contributions or volunteers to launch the boycott. Karger has funded his effort and is working with a small team of people to identify the initiative’s largest donors.

In April, a spokesperson for the Manchester Grand Hyatt said the property is gay-friendly, despite Manchester’s opposition to same-sex marriage.

“Hyatt corporation has a 100 percent rating by HRC (Human Rights Campaign) for the diversity training we do at our properties,” said Kelly Commerford, director of marketing at the Manchester Grand Hyatt. “We’re very gay friendly, gay supportive … We do not discriminate as a company and we have open arms for the LGBT market. That being said, this hotel is owned by an independent owner and that independent owner has certain political and religious beliefs. [Manchester] did make a contribution to the marriage coalition defending marriage between a man and a woman. Does he discriminate against LGBT individuals? Absolutely not. He’s very open to having their business at his hotel.”

Reporter Margie M. Palmer contributed to this report.

Originally published Thursday, July 10, 2008 in issue 1072

Members of the Hillcrest Town Council met Tuesday, Sept. 9, for a brief update on plans for the development of two towers at the controversial 301 University site.

Leo Wilson, chair of Uptown Planners, explained the project, now called University Vista, is composed of two towers, Vista Azul and Vista Verde, which would stand taller than the former 301 University project, a 148-foot high rise that received a 7-1 thumbs up from the current City Council before being rejected by the superior court.

“Vista Azul would come in at 193 feet tall and Vista Verde at 175 feet tall,” Wilson said. “Both would be located on the same proposed site as 301 and tower above the Hillcrest neighborhood. We will do all we can to fight this development and make sure that it stays within limits of the height ordinance.”

In May a group of Hillcrest residents upset at the old development won a major battle when the superior court determined the City of San Diego did not follow legal requirements in preparation of the Environmental Impact Report (EIR) for the plans for the 301 University project.

This led to the residents successfully petitioning the San Diego City Council to impose a temporary height limit on new buildings in certain areas of Uptown.

But according to city planners the new development came in just prior to the height ordinance taking effect.

Wilson explained that the city is handling the new development as a ministerial project, which means the process is overseen by city staff and doesn’t receive a full hearing.

Originally published Thursday, Sept. 11, 2008 in issue 1081

After four days of deliberations, a jury deadlocked on Monday, Oct. 6, and a mistrial was declared in a lawsuit over whether four San Diego firefighters were sexually harassed during the 2007 San Diego LGBT Pride parade. Their attorney in the case asked for $4 million in damages.

The 12-person jury could not get the required nine votes to determine whether any sexual harassment occurred, and the jury did not discuss damages, said jury forewoman Susan Wolking.

Jurors were only able to answer one question in the lawsuit and they voted 11-1 to determine firefighter Jason Hewitt was not subjected to repercussions at work for filing the lawsuit against the city and fire-rescue department. Hewitt testified he was promoted to captain in February.

San Diego Superior Court Judge Michael Anello set a retrial for Jan. 16.

“This was about greed. This was about getting money into their pockets,” said City Attorney Michael Aguirre afterwards. “These individuals were attempting to take $4 million in taxpayer funds. That is what this was about.”

Hewitt and the three other firefighters testified they were forced to drive a fire truck in the July 2007 parade in Hillcrest after one crew assigned originally to the parade dropped out. They said they were given only about five hours notice.

Several jurors said they were split in many different ways, and could not get the nine votes needed to answer any of the lawsuit’s key claims, such as whether the firefighters were sexually harassed, if the harassment was severe, and if a reasonable person would find the parade to be a hostile work environment.

John Ghiotto, Chad Allison, Alexander Kane, and Hewitt testified they were repeatedly subjected to jokes about hoses during the parade.

All four said they quickly tired of hearing comments such as “let me blow your hose, let me hold your hose” as they rode through the parade.

Fire Chief Tracy Jarman testified the policy requiring the department to participate in all parades has changed as a result of the firefighters’ complaints. She told the six-man, six-woman jury only volunteers will be asked to operate a fire truck and march in future parades, a policy that was used in the 2008 parade.

Juror Helene Matthews told reporters she sympathized with the firefighters and was the only one to vote for Hewitt’s claim. “I felt they were wronged. They were put in a situation in which you or I on our jobs would not be put in,” she said.

“They suffered an injustice (in) the workplace. If I were in the exact same place, I would feel the same way,” said Matthews, who added, “they viewed things that were against their morals.”

Matthews said there were a number of other jurors who felt the opposite from her view, and “they were people who dug in from the get go.”

Attorney Charles LiMandri, who represented all four men in the three-week trial, said they will prevail with the next jury. “You cannot make someone participate and thereby endorse messages they may not agree with,” he said.

Aguirre described the result as “a complete and total victory” for taxpayers, but LiMandri said the mistrial isn’t a victory. “He wanted a defense verdict and he didn’t get one,” LiMandri said.

Aguirre told the judge he will argue the case in the retrial, but LiMandri predicted “this means the next city attorney is going to have to deal with this issue.” Aguirre was in a tough re-election bid against Judge Jan Goldsmith on the Nov. 4 ballot.

LiMandri is a self professed “born again” Christian who assisted the City Attorney’s office two years ago in its fight to save the Mt. Soledad cross, but LiMandri never asked his clients about religion.

The retrial will be heard by another judge as Anello has been confirmed by the U.S. Senate to become a federal judge after being nominated by President Bush for a seat in U.S. District Court in San Diego.

Originally published Thursday, Oct. 9, 2008 in issue 1085

Todd Gloria emerged victorious Tuesday, Nov. 4, in the District 3 City Council race, which divided District 3 for more than a year.

After 17 months of campaigning for the highly-contested seat, the 30-year-old City Heights resident took his spot as the youngest member elected to the City Council when Councilmember Toni Atkins termed out and vacated the position Dec. 8.

Gloria is the first openly gay man elected as the councilmember for District 3.

In an early victory speech near election headquarters at Golden Hall in Downtown, Gloria thanked the District 3 residents who voted for him.

Gloria, who has served as a District Director for Rep. Susan Davis for the past eight years has been working toward this win for much longer.

He had the endorsement Councilmember Atkins, as well as firefighters and law enforcement officers.

After his speech, Gloria and his chanting supporters swarmed San Diego County election headquarters at Golden Hall.

Whitburn and a smaller group of supporters did not make an appearance at the election headquarters for another two hours. When he did, it was only for a short period of time.

Whitburn, who was in good spirits, said he still had a chance at 11:30 p.m. when polls showed him trailing by nearly 10 percent of the vote.

After approximately 10 minutes at Golden Hall, Whitburn’s camp headed back to its headquarters a few blocks away. The small group chanted “We want Whitburn,” as they marched through the streets of Downtown.

When asked what he was most looking forward to on the day following the election, Gloria laughed and said, “Cleaning my house. It’s filthy.”

Campaign funding, however was highly scrutinized by both sides.

Gloria was accused of accepting funds from lobbyists, while Whitburn loaned his campaign a large sum of money.

A last minute anti-Whitburn campaign tactic sent out by the San Diego Voter Education Project to aid Gloria outraged some District 3 residents, with one filing a complaint with the state Fair Political Practices Commision.

The complaint, however, will have no effect on the election results.

Whitburn will continue to serve on the North Park Planning Committee, as well as continue to advocate for stronger neighborhoods, a priority that drove his campaign.

When asked if San Diego politics has seen the last of him, Whitburn said, “I certainly plan to continue to join everybody working for the things we believe in.”

Margie M. Palmer contributed to this report

Originally published Thursday, Nov. 6, 2008, in issue 1089

Joining voters in Arizona and Florida on Election Day, Californians passed Proposition 8, a state constitutional amendment banning gay and lesbian couples from marrying. Advocates for same-sex marriage immediately prepared legal challenges to the initiative on Wednesday.

With 95 percent of precincts reporting Wednesday, the ban led 52 to 48 percent and overturned the California Supreme Court’s historic ruling that paved the way for same-sex marriage in May.

More than $73 million was spent on both sides of the campaign, which grew more heated as Election Day neared.

Despite similar ballot initiatives in Arizona and Florida, all eyes were on Proposition 8 in California. The battle was characterized as crucial to the gay rights movement, and Proposition 8’s passage dealt a blow to same-sex marriage supporters in the Golden State.

The No on 8 campaign did not concede the day after the election, despite news outlets reporting its loss.

In a joint statement to the press, executive director of Equality California Geoff Kors and executive director of the National Center for Lesbian Rights Kate Kendell said the election was too close to call.

Proposition 8 took a lead in the early election returns, 55 to 45 percent shortly after polls closed in California at 8 p.m. Just after 9 p.m., it led 54 to 46 percent, though many precincts in Los Angeles and San Francisco had not been fully counted. Nov. 5 at 2 a.m. it held the 52 to 48 percent margin, and news outlets called the election.

In San Diego County, 54 percent of voters approved Proposition 8; in Los Angeles County, 50.4 percent of voters favored the same-sex marriage ban. Voters rejected the ban throughout the Central Coast and Bay Area, but favored Proposition 8 by wide margins in the Central Valley.

San Francisco City Attorney Dennis Herrera and Los Angeles and Santa Clara counties filed a petition to invalidate Proposition 8. Herrera said the Yes on 8 campaign waged a “ruthless campaign of falsehood and fear,” and said he is confident the California Supreme Court will strike down the amendment.

“Make no mistake that their success in California has dramatically raised the stakes,” he said. “What began as a struggle for marriage equality is today a fight for equality itself.

In Florida, 62 percent of voters passed Amendment 2, amending the state’s constitution to ban same-sex marriage. In Arizona, Proposition 102, also writing a ban on same-sex marriage into the state constitution, was approved by 56 percent of voters.

Connecticut and Massachusetts are the only states where same-sex marriage is allowed. The Connecticut Supreme Court ruled in favor of same-sex marriage last month, and gay and lesbian couples began marrying Nov. 12.

The Associated Press contributed to this story.

Originally published Thursday, Nov. 6, 2008 in issue 1089

The growing backlash against Proposition 8, a California same-sex marriage ban, culminated Saturday, Nov. 22, in nationwide marches mobilizing tens of thousands of people – with estimates reporting San Diego as host to the largest demonstration.

San Diego Police and event organizers estimated between 20,000 and 25,000 marchers swarmed Downtown streets.

The demonstration was the largest protest in San Diego since 2006 when 50,000 people marched for immigration rights.

Despite the evident frustration and anger of some who participated, organizers and marchers attempted to stay positive.

Many who walked and attended the rally likened the march to an extension of the Civil Rights Movement of the 1960s.

Some who marched also said Proposition 8’s consequences have become much clearer to Californians since the ban passed 52 to 48 percent on Nov. 4.

Protesters weren’t met with much opposition during the march, and only a handful of individuals holding “Yes on 8” posters were stationed along the march route.

Over the course of the two-mile trek, police cited and released one member of the San Diego Minutemen for disturbing the peace after a clash with demonstrators.

At the rally following the march, speakers maintained a common theme calling on the GLBT community to be more visible. They encouraged GLBT individuals to be more open about their sexual orientation in their daily routines.

District 3 Councilmember-elect Todd Gloria referred to his run for office as an example, boasting that every mailer sent out by his campaign displayed a photo of his family, including his partner of seven years.

“The most important thing we can do as individuals for our cause is to let people know who we are,” said nightclub owner Nick Moede. “It’s hard to discriminate against someone you know or have a connection to.”

In other protests throughout the state, about 12,000 people gathered in Los Angeles, 7,500 in San Francisco and 1,500 in Sacramento.

Additionally, on Thursday, Nov. 13, approximately 250 University of California at San Diego students staged a walk-out to protest the university’s neutral stance on the proposition. Students marched to Chancellor Mary Ann Fox’s office to demand she take a stand – which she declined due to restrictions levied on university chancellors by the UC Regents – followed by a demonstration at the intersection of Villa La Jolla and La Jolla Village Drive.

The Mormon church has also accused gay activists of vandalizing at least 10 churches in California and Utah since the election.

Thus far, five lawsuits have been filed to invalidate Proposition 8, including one by the American Civil Liberties Union. Event planners say they raised $10,000 for the ACLU at the Nov. 22 rally in San Diego.

The lawsuits contend the proposition attempts to undermine the core principal of equality in the state constitution, therefore it must be passed by a super-majority in the legislature before it is presented as a referendum to the people. The court has not indicated when it will take up the cases.

Attorney General Jerry Brown urged the state Supreme Court to let Proposition 8 take effect, pending the review.

Originally published on Thursday, Nov. 20, 2008,in issue 1091.