Boulder City Council candidate threatens lawsuit over campaign video

Bill Smith says city wrongfully refused to play his campaign video on BCTV

Wednesday, March 18, 2009 | 3:55 p.m.

Bill Smith

Election could change balance of power (3-18-2009)

A Boulder City Council candidate is threatening to sue the city because he was denied airtime on the city's public-access television station.

Bill Smith said the city unjustly refused to play his 26-minute campaign tape on BCTV. "It is my intent to employ an attorney and petition the court to rule that the city has no right to refuse my program," he said in an e-mail to the Boulder City News.

Smith, a former city councilman, is one of nine candidates running for seats being vacated by Councilman Mike Pacini, who cannot run again because of term limits, and Councilwoman Andrea Anderson, who is retiring.

Early voting in the primary election starts Saturday. The April 7 primary election will pare the nine candidates to four for the June general election ballot.

On Monday, Smith's videographer Nicky Collins gave the campaign tape, titled "A conversation with Bill Smith," to Rose Ann Miele, the city's public information officer, to air on BCTV. Miele is the acting studio coordinator.

She told Collins and Smith she couldn't play the tape because it is considered an advertisement, and the city's policy always has been not to air candidates' individual videos.

"In eight years, I've never seen individual candidates do individual pieces to air on BCTV," Miele said. "There is no problem if you put a forum on TV. Bill has been the only one who presented me with a DVD."

City Resolution 3050, enacted in 1997, says any citizen can submit programming to BCTV, but the city can restrict programming containing advertising material. It also says the city cannot endorse a candidate for office.

City Attorney Dave Olsen said BCTV airs candidate forums when all the candidates have been invited but does not "allow a candidate to promote his own agenda."

He said candidates Cam Walker and Duncan McCoy had asked to air their own programs, and the city denied those requests as well.

Olsen told Smith in an e-mail that playing the tape would be giving him "special consideration that was denied by the City to others."

Smith, in a return e-mail, told Olsen he will ask a judge to decide. "Sorry to say, you very likely will have the opportunity to defend this opinion in court," Smith said.

Cassie Tomlin can be reached at cassie.tomlin@lasvegassun.com or 948-2073.

Discussion: 6 comments so far…

By fctrvlr

3/20/09 at 9:16 a.m.

Suggest removal

Mr.Smith is back to his old tactics of suing to get his way. This is not the first time he has used this method to block, or attempt to force the city into a project, or something else that would benefit him.

I would like to know how much money Boulder City has wasted to defend against his frivolous lawsuits, or legal investigations that finally ended up benefiting no one. I wish I had the time to spend at City Hall checking into this money wasted.
By torn

3/21/09 at 10:20 a.m.

Suggest removal

Go Bill go!!
By BC

3/22/09 at 10:52 a.m.

Suggest removal

I'd like to see our public access community television station allow all the candidates to air informational programs stating their positions on local issues. It certainly has happened in the past and seems only to be an issue now. Anyone remember the city putting out a mailer refuting item by item all of Bill Smiths concerns about the financial position of BCGC just a few weeks before the election? It turned out the Mr. Smiths projections were correct and city's portrayal of the financial health of the golf course was completely false. At that time, the city attorney defended the mailer as simply informational when it was clear that it was a direct attempt to bolster Bob Ferrarro's mayoral bid.
By shreklover

3/24/09 at 11:32 a.m.

Suggest removal

I'm new to town, "BC" claims political air time was allowed on BCTV in the past, when & Who?
By lvcrxrcr

3/24/09 at 8:43 p.m.

Suggest removal

Wow! Seems Bill Smith can't handle it when he doesn't get his way. How many other lawsuits has Bill Smith filed? How much has Bill Smith cost our city? (I have only heard rumors, but would like to know the facts.)

Public Access television is not funded to support candidates. That is not it's purpose. I hope that the city knocks down this frivolous, cry baby lawsuit and puts this guy in his place. Get off your totem pole, Bill!
By carold

4/29/09 at 12:23 a.m.

Suggest removal

It seems Mr. Smith claims to be for Boulder City and says he's not being treated well.He wants to sue the city and cost it more debt.His actions on property he owns that is not occupied have allowed said property to be overgrown with weeds, etc. It is shameful that the corner of Nevada Way and Buchanon has such seedy looking properties right there for all to see (residents and tourists). It would be great if those sites were cleaned up. Too bad the city can't make him clean up his properties. That's really make him feel picked upon.