Council Candidate Draws a Blank

By Jorge Casuso

Oct. 17 -- Jerry Rubin's name will once again be followed by a blank on the November ballot after a federal appeals panel on Thursday failed to allow the City Council candidate to describe himself as ``peace activist.''

The 9th Circuit U.S. Court of Appeals panel unanimously upheld U.S. District Judge J. Spencer Letts' dismissal of Rubin's First Amendment suit, filed in September 2000.

The decision essentially upholds City Clerk Maria Stewart's refusal to have the phrase listed below Rubin's name on the 2000 ballot. Rubin had once again unsuccessfully sought the designation on the November 5 ballot.

The panel held that the City has the authority to regulate the terms describing a candidate's occupation and that the term activist, which is a status and not an occupation, "does not severely burden a candidate's First Amendment rights."

``A ballot is a ballot, not a bumper sticker,'' the panel said.

Rubin, who sells bumper stickers on the Third Street Promenade, called the panel's decision "a defeat for free speech and for activism.

"It's very, very disappointing, especially in the middle of this fast, to get the news," said Rubin, who said he has been fasting for peace since October 2. Being a peace activist, Rubin said, is "my occupation, my vocation, my avocation and lifelong mission. Even the phone book lists me as 'Jerry Peace Activist Rubin.'''

"I wanted to get 'activist' off the forbidden list," Rubin said. "I think that keeping 'activist' on the list is a shame. It's not only a job. Being an activist is a damn hard job."

But the city clerk said that according to the Secretary of State's guidelines, ``activist'' is a status (such as husband or wife) not a legitimate vocation or occupation.

Stewart said that after Rubin filed his lawsuit two years ago, the City Council voted in April 2001 to amend the municipal code. It now specifies that the clerk shall follow "the Secretary of State Ballot Designation Regulations."

"We think that it is a good set of guidelines that the state has," Stewart said "It has been an established practice for many, many years. The guidelines exist for a reason."

On Tuesday, the appeals panel ruled that the City had a significant interest in applying a consistent rule as to what constitutes an occupation.

The panel noted that the clerk's decision was `"viewpoint neutral,"' meaning all candidates, regardless of their political views, were barred from using the term.

The judges also held that Rubin had other ways to communicate his peace activities to the electorate, including the candidate's statement the City publishes before the election.

According to the municipal code, "If the City Clerk rejects the ballot designation, the candidate shall have three additional working days to submit an alternate designation."

Two years ago, Rubin -- who garnered 5,006 votes in the council race -- turned down the chance to provide an alternate description of his occupation as a matter of principle. He once again turned down the opportunity this year.

"I could have said 'peace promoter,'" Rubin said. "But I said, 'No.'"