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SOUTHERN CALIFORNIA / A news summary

Court Won't Intervene in Rubin Ballot Dispute

September 15, 2000

SANTA MONICA — The U.S. 9th Circuit Court of Appeals has refused to intervene in a dispute over whether a Santa Monica City Council candidate can appear on the November ballot under the designation "peace activist."

Jerry Rubin took his case to the appeals court after a Los Angeles federal judge refused on Wednesday to enjoin the Santa Monica city clerk from enforcing state regulations that restrict ballot designations to occupations, professions and vocations.

Rubin says that being a peace activist is his vocation, and he contends the rule violates his 1st Amendment rights.

A three-judge appellate court panel issued a one-sentence opinion late Wednesday, saying Rubin has not demonstrated that emergency consideration is warranted.

Rubin's lawyer, James Fosbinder, said Thursday that he intends to pursue a lawsuit against the city, but that may not help Rubin in his current council race.

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