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>> >>JOANNE: What began as a campaign ad has fast become a news story and the center of
a potential legal battle. The television ad make as serious claim against
council member, and mayoral candidate Carl DeMaio.
DeMaio has threatened legal action against stations that run the ad.
Take a look now at what's at the center of the controversy.
>> >>: It says carl DeMaio voted against health care benefits for widows and children of fallen
officers. He put a cheap political stund stunt ahead
of our welfare. Carl DeMaio does not deserve our city's highest
office. >> >>JOANNE: And that was the voice of a widow
of a San Diego police officer. Joining me to talk about this ad is Katie
Orr, KPBS metro reporter. This is an ad that claims Carl DeMaio voted
to deny health care benefits to the families of fallen officers.
It was payd for by the San Diego police officers association, so let's start now with the threat
of legal action. What happened?
>> >>ANGELA: Carl telling them not to run this ad, they say it's slander, and libel, and if if the stations
do run the ad they'll subject to a law suit from DeMaio for libel, basically.
>> >>JOANNE: So Carl DeMaio is saying this isn't true, he didn't actually vote to deny
these health benefits, is that the case? Is that true?
>> >>KEVIN: He. >> >>: He didn't technically vote to increase
the benefits. It was a vote against increasing the benefits,
this was part of a larger package of legislation, the city came to a retiree health care agreement
with its unions last year, this was an amendment to that agreement dealing with the police
officers association, and this was article 67 in that legislation.
So there was a whole list of stuff that also went into this vote.
Councilman Carl DeMaio and councilman Laurie zap voted against these changes.
His campaign says had this been a separate issue, just the benefits, he would have supported
it. But it was part of a larger issue, so he didn't.
Technically, yes, he voted against an increase to the too these benefits.
But again, he's saying he did not vote to deny anyone Ben dpts.
>> >>JOANNE: I think one could argue during this campaign, which has been a pretty nasty
campaign, that various candidates might say everyone's taking some liberty with the truth.
How is this different? >> >>KATIE: I think according to Carl DeMaio's
campaign, it rises to the level of slander. You know, like you said, this is a nasty campaign.
Everyone wants to win it, they're doing what they can do, you know, attack their opponents,
and to counter attack those that come at them. I spoke to a legal expert who said that it
is very rare for politicians to go ahead and file libel suits, and it's even more rare
for them to win those suits because you have to prove that the stations running these ads
knew that they were slander, and went ahead and did them anyway.
Other legal experts I spoke with said generally the FCC really gives peopleハ stations when
it comes to political adsハ a very broad range because they want to encourage the dialogue,
the political dialogue in the country. >> >>JOANNE: So ironically, really, by threatening
legal action, he's drawn a lot more attention to this ad that might have only run on one
station, now it's all over Twitter, it's a news story.
>> >>KATIE: The police officers association may have benefited in that way, in that this
ad we're playing it, other stations are playing it, it's being linked to on social media.
Regardless of whether or not Carl DeMaio's campaign agrees with the ad, it's getting
plagued. You don't know how people are going to react
to that. The widow we hear in that issued another statement
reinforcing what she says in that ad. >> >>JOANNE: We haven't got a lot of time
left, but before we go, I know there were no polling numbers out this week.
>> >>KATIE: It shoaz Carl DeMaio in the lead with 31%, Bob Filner is in second with 28%,
Nathan Fletcher has 23, Bonnie Dumanis has 11%.
Really, those are very statistically close and so between, I mean, most people agree
that Carl DeMaio is likely to take the first run off spot, but it looks like it still is
a very close race between Bob Filner and Nathan Fletcher for second, and Bonnie Dumanis' campaign
maintains she's not out of it either. She keeps saying in her first race for District
Attorney the polls had her down 20%, and she went on to win.
She's tale telling that narrative as well. >> >>JOANNE: We will find out June 5, we can
see you at 9:00ハp.m. on KPBS television, and we will hear you on the radio up until
midnight. Thanks, Katie Orr.