SAN DIEGO — Declaring "let the people be heard," a judge Monday refused to block the vote count in a disputed mayoral election that has gripped this city while garnering national attention for the unlikely leader -- a last-minute write-in candidate, Councilwoman Donna Frye.
With an estimated 30,000 provisional, write-in and absentee ballots yet to be counted, Frye, the owner of a surfboard shop, is clinging to a lead of just over 1,800 votes over incumbent Mayor Dick Murphy.
The court hearing, which was aired over three local television channels, was held as the city remains caught up in one of the most unusual mayoral elections in its history.
Frye, 52, a Democrat and wife of legendary surfer Skip Frye, entered the race as a write-in candidate only five weeks before election day.
The election and the long vote count have led to an emotional clash between business leaders and labor unionists. Business leaders see a potential enemy taking over City Hall, and labor sees an attempt to steal an election through the lawsuits that have been filed challenging Frye's candidacy.
If elected, Frye would enjoy greater powers than any mayor in city history. Voters in this month's election passed a business-backed "strong mayor" measure. Frye had opposed the measure as giving too much power to the mayor.
Although most City Hall observers considered Frye a colorful character and earnest advocate of environmental, slow- growth and beach issues, few gave her insurgent candidacy a chance in the race against Murphy and county Supervisor Ron Roberts, both of whom are Republicans with long experience in local government.
After Frye appeared to outpoll Murphy and Roberts, business lawyer John Howard filed a lawsuit challenging her candidacy as a violation of the City Charter. A second lawsuit challenges her candidacy in federal court.
Frye and her backers, including labor union members and environmentalists, have branded the lawsuits "sour grapes."
Judge Charles Jones, a retired jurist from Imperial County who is hearing the case in San Diego County Superior Court, sided with Frye on Monday, ruling that Howard waited too long to file his lawsuit and should have mounted his challenge before election day.
"The plaintiffs have slept on their rights and have therefore waived them and lost them," said Jones after an hourlong hearing.
