ACLU files suit against Nevada Ethics Commission

Wednesday, Dec. 1, 1999 | 9:36 a.m.

The ACLU has filed a federal lawsuit in Reno Tuesday challenging the panel's authority to fine citizens who make allegations of government misconduct that are found to be frivolous.

The suit stems from a $5,000 fine levied against self-proclaimed watchdog Sam Dehne for filing numerous complaints against Reno Mayor Jeff Griffin.

The ACLU says his grievances are protected as free speech under the First Amendment to the U.S. Constitution.

The commission warned Dehne that his complaints were frivolous and told him not to file anymore. It found a subsequent Dehne complaint was "malicious, vexatious and without merit."

The ACLU maintains the issue is much bigger than Dehne alone. The suit says his complaints amounted to "speech on matters of public concern, including the alleged misconduct of public officials.

"As such, his speech and grievance were protected by the First Amendment to the U.S. Constitution."

The commission, according to the lawsuit, ejected Dehne from its hearing and then allowed Griffin to give testimony, including a suggestion that commissioners deter Dehne from making similar complaints in the future.

Dehne said Tuesday he has refused to pay the commission's penalty because "it is an illegal fine."

"In regard to fines, in this case and in others, we have followed the statutory provisions," said Kenneth Rohrs, the commission's executive director. He said the commission has not had an opportunity to review the lawsuit in detail.

The suit asks Reed to strike the fine and enjoin the commission from fining others in the future.

Ben Felix, director of the Reno ACLU office, said the commission's action "violates the basic American principle that everyone has the right to his day in court."

"They are supposed to be protecting the citizens from bad government," Dehne said. "They are protecting the bad government."

Gary Peck, executive director of the ACLU of Nevada, said the commission has no business conducting hearings of the sort involving Dehne and Griffin.

Peck said the ACLU will also challenge whether the commission rightly has the authority to determine the truth or falsity of political advertising during campaigns.

Richard Siegel, vice chairman of the ACLU of Nevada, said filing the lawsuit marks the return of the group's northern Nevada presence. Its Reno office was closed when state headquarters was moved to Las Vegas several years ago. It recently opened a branch office here.

Griffin is not a party to the suit but criticized its filing.

"I am struck by the fact that if this is the biggest issue in Reno right now in civil rights, we must be doing a pretty good job," the mayor said.

Griffin said Dehne's complaints have abused the system. They have cost taxpayers thousands of dollars in the time it has taken for the ethics commission staff and the Washoe County airport authority and City of Reno legal staffs to deal with his charges, he said.

Dehne had complained that Griffin had violated a prior ethics ruling when he traveled to Dallas last year with Reno/Tahoe International Airport officials. Griffin owns a transport company and has a contract with the airport to operate the only foreign trade zone at the airport.

The commission ruled that because of that, Griffin must not be involved in selecting airport trustees.