06/04/2018: "Political Sign Case Headed To Federal Court…What?"
Local attorney Nick Power, who is running against County Prosecutor Randy Gaylord, was informed on Monday that Gaylord has filed for removal of the political sign case (Related Story) currently in SJC Superior Court to a Federal Court in Seattle.
The County had no objections to a temporary injunction to the land use ordinance that placed a time limit on the posting of election signs, because, it is a violation of the first amendment of the U.S. Constitution to do so, and for that reason the County stated it would begin the process removing the regulation from the land use code.
A continuation of the hearing had been scheduled to heard in SJC next week (06-07-18), in part to address the request to make the injunction permanent, thus allowing the County to have time to go through the process of removing the regulation. And there was still the question of a press release posted on the County website -and published in local media- that in the words of the judge, “undermined the court’s ruling.”
It is not currently clear why Gaylord wants to make a federal case out of what started off to be a simple injunction of a regulation the County intents to remove from the code; but it is clear his action will delay the process, and cost the County additional legal costs.