September 27, 2003

COUNTDOWN TO OCT. 7
Free speech tiff over pro-Davis posters a sign of recall anxiety
Landlord seeks ouster of posters supporting Davis

By SCOTT STEEPLETON
NEWS-PRESS ASSISTANT METRO EDITOR

Corner windows of an office on Santa Barbara's Eastside provide a glimpse into a tussle that pits a man's right to speak out against recalling the governor against a landlord's desire to protect her property from people of a different political bent.

On Sept. 12, attorney Moises Vazquez put up signs and bumper stickers at his office at 411 E. Canon Perdido St. urging voters to reject the ouster of Gray Davis. He also put up a sticker that says simply "Bustamante," as in Cruz, the Democrat front-runner to replace the embattled governor. Inside, facing the main public hallway, is more anti-recall material, including a poster featuring former Republican Gov. Pete Wilson dressed as an Arnold Schwarzenegger-like commando calling out, "I'm Back!" and "Hasta la vista unions."

A week later, Mr. Vazquez said, his clerk received a message regarding the signs from a representative of the trust that owns the building.

"She was afraid there will be some sort of vandalism and asked me if I can do them a favor and take them down," he said.

While he understands the concern, Mr. Vazquez said he's troubled by the notion of someone trying to stifle his constitutional right to free speech - and as of Friday the stickers and posters were still up.

"I haven't spoken to the landlord yet," he said from his Los Angeles office, "but if she calls again, I'll talk to her."

Attempts by the News-Press to reach trust representatives were unsuccessful.

The sticker promoting Lt. Gov. Bustamante and one bearing the word "recall" with a slash through it are in the front window facing the street. In a window on the east side, overlooking a parking lot, is a poster featuring a stop sign and a message that organized labor says no to the recall, along with smaller pieces urging Democrats to "Save our State" and to vote no on the recall.

It was the stop sign that caught the eye of Stan Larsen, an electrical engineer from Santa Barbara who doesn't see eye to eye with Mr. Vazquez on the recall.

But it was another sign - the big blue one facing East Canon Perdido that says State of California - that made Mr. Larsen think there was more going on here than just one man expressing a political view different than his own.

"It looks like public property," said Mr. Larsen, 65. "The Democrats are the ones who want to keep everything impartial, and I just thought this seemed wrong on public property."

That passers-by might think 411 E. Canon Perdido belongs to the people is understandable: The state flag flies out front, and in addition to the State of California sign on the building there's a California state seal in the entry way, and a sign on the parking lot warns visitors "State Building Parking Only."

Tenants include several state departments, including Alcoholic Beverage Control, Education and Industrial Relations. But there are also private-sector tenants, including Mr. Vazquez.

That distinction, say legal experts, has a bearing on how political messages are put up.

"That's where the can of worms really is opening," said James Ewert, legal counsel with the California Newspaper Publishers Association. "If there is political speech on state property that takes a particular position, then under a whole line of court rulings, the state would have to allow equal access to the opposite view."

Since 411 E. Canon Perdido is privately owned and because the person who put up the political material did it in the windows he leases, no such "equal access" would apply.

Mr. Vazquez also has anti-recall, pro-Bustamante material on the inside windows of the office, but on Thursday no such material was visible on the windows of the state offices.

Upon learning that the material wasn't state-sponsored, the electrician said he has no problem with the lawyer expressing how he feels. Still, Mr. Larsen said something should be done so people passing by don't mistake the free speech of an individual for an endorsement by the state.

"The whole impression is unreasonable," he said. "Even though I find it misleading, he has every right to put it there." And no one, he added, should force the material to come down.

"That shouldn't happen," said Mr. Larsen. "But maybe there should be a little sign that says, 'This is a private office.' "

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