Judge dismisses lawsuit challenging state ‘Truth in Campaigning’ law

Wednesday, June 9, 1999 | 1:39 a.m.

Bob Beers, then a Republican Assembly candidate, filed the complaint in October against the Nevada Ethics Commission, which had fined Beers $5,000 for violating the 1997 law. Beers was elected to the Clark County District 4 seat in the general election.

According to U.S. District Judge Philip Pro's order dismissing the lawsuit on Tuesday, the Ethics Commission "is an arm of the state" and is protected under the Eleventh Amendment from litigation by private individuals in federal court.

Beers' fine stemmed from a political advertisement he mailed out before the primary election concerning Dennis Silvers, his Republican opponent.

Ethics commissioners ruled that a portion of the mailer misled voters by implying that Silvers had committed arson. One commissioner called the advertisement "blatant and foul" and "designed to be horrific."

In its written opinion, the panel acknowledged that "every factual statement made in this portion of the mailer is true." But the commissioners found that the facts, as presented by Beers, implied that Silvers was involved in an arson that burned his Alias Smith and Jones restaurant and a nearby animal shelter, killing 66 animals.

Beers claimed the Ethics Commission's actions violated his First Amendment right of free speech.

It may be possible for Beers to proceed with his litigation by naming a state official as a defendant or by suing state officials in their personal capacity "for actions taken under color of state law," the judge suggested.

Last week Beers filed a document that proposed adding Ethics Commission Chairwoman Mary Boestch as a defendant in the case.