Fresno County’s lawsuit against city councilmembers still on, but ‘heavy lifting’ ahead

A motion by two Fresno City Councilmembers seeking to dismiss a lawsuit by the county over the how much money political challengers can transfer into their pending campaigns was denied by a Fresno County judge on Thursday.

But the ongoing legal battle over the constitutionality of the county’s ordinance is far from over.

Judge Jonathan Skiles said in his tentative ruling that the motion filed by Councilmembers Garry Bredefeld and Luis Chavez did not apply under the state’s anti-SLAPP (strategic lawsuit against public participation) law.

Bredefeld and Chavez filed the motion after being sued by the county for allegedly violating an ordinance that put a $30,000 cap on transfers or contributions from a candidate’s campaign account for non-county elective offices into their campaign for county offices — including the county Board of Supervisors.

The two councilmembers have announced their plans to run for seats on the county’s Board of Supervisors in 2024 — and to use their hefty City Council campaign treasuries to help bankroll their respective election runs.

Their attorney, Brian Hildreth of Sacramento, called the county’s lawsuit against his clients “de facto enforcement action.”

In his tentative ruling, Skiles made it clear the county was going to have to do some “heavy lifting” to defend the ordinance.

After the hearing, Chavez said he was encouraged by the judge’s comments.

“I think the judge highlighted something very important which is the constitutionality of what the county has tried to do,” Chavez said. “This has always been a question of fairness.”

Bredefeld has referred to the county’s rules as “corrupt” and an “incumbent protection scheme.”

Bredefeld said Thursday he has already transferred about $223,000 from his existing city council war chest and Chavez transferred $110,000. Bredefeld is challenging Supervisor Steve Brandau and Chavez is going after the seat held by Supervisor Sal Quintero.

Bredefeld pointed out that the county is allowing Supervisor Brian Pacheco to use almost $420,000 from his 2022 campaign for his 2026 re-election run.

“But they want to restrict Luis Chavez and Garry Bredefeld to $30,000 in transfers,” he said. “Does anyone in Fresno think that is fair?”

Both parties return to court on July 6 for a status conference.