The Tom Homann Law Association (THLA), an association of San Diego’s GLBT lawyers, has endorsed Mike Aguirre for city attorney following a spirited debate about legal ethics and right-wing conservative support between Aguirre and fellow city attorney candidate Leslie Devaney at the July 8 THLA meeting.

“Mike has a longstanding commitment to our community, and support of our community, and he’s sort of taken a thrashing for it from some quarters during this campaign,” said Ted Roberts, co-president of THLA, “but he’s unapologetic about it and committed, and is definitely not afraid to stand up for what he thinks is right when it comes to support for the gay and lesbian, bisexual, transgender community. That was, I think, what tipped it in his favor.”

In addition to the candidate forum, which took place at California Western School of Law, THLA’s endorsement was based on individual interviews with both candidates and a previous forum held before the March primary elections. Criteria for endorsement included proper legal experience and temperament, advocacy on behalf of San Diego’s GLBT community and response to issues currently facing the city.

Both Aguirre, a local lawyer, and Devaney, executive assistant city attorney to City Attorney Casey Gwinn, said their campaigns focus on reforming the current city attorney’s office.

“In San Diego, we have as a community, as a local government, deviated from the law; repeatedly, routinely deviated from the law, and as a result, we are under investigation,” Aguirre said during his opening comments at the forum, adding that several members of San Diego government have been indicted as alleged extortionists, the city is under federal investigation, and a $1.5 billion pension deficit threatens the city’s budget. “There is no other city in California that has the colossal problems that we have here in San Diego. We have those problems because our city attorney failed to enforce the law.”

The city attorney needs to be an independent, neutral advisor who does not expressly serve the interests of city government, Devaney said, adding that she would like to end “closed-door” San Diego City Council sessions and refuse to set policy based on political agendas. City Attorney Gwinn recently conceded that the city council’s observance of the Brown Act – a law requiring public access to meetings and requiring elected officials to let the public speak – has been the minimal amount allowable by law.

Devaney has received the endorsements of Congressmember Randy Cunningham, Assembly members Jay LaSuer and Juan Vargas, county supervisors Dianne Jacob and Bill Horn, and conservative talk show host Rick Roberts, among others.

Devaney said she has attended THLA dinners in the past, and said she is committed to the organization.

Deputy Mayor Toni Atkins, Assemblymember Christine Kehoe, Congressmember Bob Filner and former city attorney candidate Deborah Berger, among others, have endorsed Aguirre.

Aguirre has been a longtime member of the San Diego Democratic Club and has marched in Pride parades over the years. “We are not going to allow the Boy Scouts situation to occur,” he said, to applause, at the forum.

“The right-wingers that are so distressed because they know they can’t beat me fairly, this is the kind of stuff that they’re putting out,” Aguirre continued, referring to the Rick Roberts-inspired “Stop Aguirre” campaign which says Aguirre, “completely supports gay marriage and all forms of homosexuality. His immoral positions are reflected in his fundraising efforts in Hillcrest with business owners tied to the gay pornography industry.”

The comments refer to a Rick Roberts program last March where Aguirre, when confronted by Roberts on the air, gave back a $500 campaign contribution because it was raised at a fundraiser hosted by the owners of Bourbon Street, though community bar owners have also contributed to the campaigns of numerous public officials including current Mayor Dick Murphy, Assemblymember Kehoe and County Supervisor Ron Roberts.

During the question and answer period, accusations and rebuttals flew between the two candidates. Topics included the Boy Scouts lease (which both felt was handled inappropriately, based on San Diego’s Human Dignity Ordinance); Devaney’s interpretation of the residential picketing ordinance during an abortion protest held in San Diego; and Shapiro v. City Council, in which the California Court of Appeal ruled that too much of the public business surrounding the 1999 Padres ballpark deal was discussed in closed-door sessions.

When questions focused on how the candidates would work for positive change in San Diego for the GLBT community, Devaney said she would make sure that GLBT representation is present both in her office and through ongoing dialogue with community liaisons.

“It’s imperative that we have liaisons to those communities so that we know the issues involved, so that we don’t have to wait until there is an issue,” she said.

When asked about her endorsement by Rick Roberts, Devaney said she is proud of all of her endorsements. “The fact that any one group supports me does not define me, and it never will,” she said.

Devaney added that she does not listen to Roberts’ program and is unaware of his criticism of the GLBT community, but did cite Roberts’ attack on Aguirre’s $500 campaign donation. “All I hear is Mr. Aguirre saying, ‘Don’t worry, I’ll send back the money,’ and then I hear Rick Roberts saying, ‘You know, Mr. Aguirre, do you think it’s a really good idea to take campaign money from a company when they have adult bookstores or – I’m not even sure exactly what they said – but the two had what I would call a very good conversation. But Mr. Aguirre turned over, tried to placate to the Rick Roberts crew, and said, ‘Oh, I’m not taking that money.’ I would be offended, ladies and gentlemen, if I were you and Mr. Aguirre did that. I personally have not heard Rick Roberts say that, but like I said, I don’t listen to him half the time. If you tell me what he said, I will go on [the air] and say ‘I completely disavow hate language; I completely disavow any sort of bashing of the gay and lesbian community; that is totally inappropriate.’”

Responding to a question about whether she would challenge the use of same-sex marriage as a wedge issue during the election season, Devaney said: “Excuse me if I am naïve – I am not a political candidate, like my opponent – I don’t know what you mean by ‘wedge issue.’ My obligation as city attorney is to absolutely make sure, make sure, that the City of San Diego is well represented and that my opinions – I cannot use my opinions and the fact that I am for civil marriages, gay marriages – I don’t think they want to hear me say that … so that people don’t think I would use my personal opinions to influence my legal opinions.”

When pressed, Devaney said she would write a letter to any publication that conveyed anti-gay sentiments and criticize their discriminatory stance.

“I thought [the debate] gave everyone who was there an opportunity to size up the candidates – their style, the forcefulness of their convictions – and to sort of gauge their personality and their commitment to the community, and the strength of their desire for the endorsement,” THLA’s Roberts said. “I was encouraged that they both stated that their positions weren’t dependant upon whether or not they got the endorsement. … I think either of them would do a credible job as city attorney. But Mike has a longer history with our community; I think he would be a stronger advocate for our community.”

“The more people get at the truth, I think they are going to realize that our city is really hurting right now because of a lot of legal mistakes that have been made,” Aguirre told the Gay & Lesbian Times following THLA’s endorsement. “Some of those mistakes have been motivated just by a decision not to meet the responsibilities of the city attorney, others have been motivated because of a political or religious point of view. … What was so great about [the THLA forum] is that they were able to focus in on the differences between the candidates. I look forward to working with the Tom Homann club and I look forward to working with all different groups in San Diego to unite behind a new type of city attorney that is more consistent with what the original purposes of the office are that were laid out in the original charter.”