Judge dismisses legislator’s challenge

Thursday, Dec. 23, 1999 | 11:14 a.m.

Assemblyman Bob Beers, R-Las Vegas, filed the action after the commission fined him $5,000 for a political advertisement that commissioners acknowledged was factually accurate. Beers claimed the commission violated his First Amendment right of free speech.

U.S. District Judge Philip Pro granted the Ethics Commission's motion to dismiss the lawsuit.

Pro concluded the commission was acting in a judiciary capacity in resolving the dispute between Beers and Dennis Silvers, his opponent in the 1998 Republican primary.

Pro found that the commission complied with all procedural requirements, such as giving Beers adequate notice, permitting him to be represented by counsel and allowing him to present evidence in his own behalf.

The judge also concluded that constitutional claims Beers raised in his federal action were essentially the same as those he presented to the Ethics Commission.

Pro noted that Beers could have appealed the commission's decision in state District Court, where the decision could have been set aside if a judge determined the commission had violated constitutional or statutory provisions.

Beers said he was not aware of Pro's decision and will review his options. He said he would continue his fight if possible.

"The facts are that the commission fined me for telling the truth because the truth was negative," he said. "It is almost as if there is a three-bolt lock in front of justice. I just have to figure out how to pick the darn thing."

Beers' fine stemmed from a political advertisement concerning Silvers that he mailed before the primary election.