Billboard case dismissed by district court

March 14, 2010

The district court case filed by the City of Belen against then-city council candidate Jerah R. Cordova over the placement of a campaign advertisement on a billboard was dismissed late last week.

The counterclaim filed by Cordova against then-City Manager Sally Garley also has been dismissed.

The case began on January 6 when an advertisement for Cordova’s campaign was placed on a Clear Channel Outdoor billboard at the intersection of Main Street and Reinken Avenue. That same day, Cordova received an emailed order to remove the advertisement from the city.

The city argued the billboard was in violation of an ordinance that says no political signs could be placed until 30 days prior to the election, arguing such signs could be legally placed starting on January 31.

Cordova countered that voting began on January 26 by absentee ballots, so the sign could be legally placed 30 days prior to that date. He also argued that the political signs ordinance was unconstitutional because it restricts political speech.

The City of Belen eventually opted to file for injunctive relief in district court to force the advertisement’s removal. By the time the court process began, and after delays because of the excusal of three judges from the case, Election Day had come and gone without a court hearing on the matter.

The dismissal was initiated by Cordova. The dismissal order was approved by the Torres administration last Monday and later in the week by a district court judge.

Posted in: Politics