City Hopes Judge’s Ruling Sinks First Amendment Case

Ruling in Bruce Tichinin’s suit against city any day
Morgan Hill – A local soap opera of alleged affairs, espionage and public rebukes now awaits a judge’s ruling that could kill Bruce Tichinin’s First Amendment lawsuit against the city. 

Tichinin, a local attorney, sued the city in 2005 for violating his Constitutional rights after the city council publicly denounced him for hiring a private investigator to shadow City Manager Ed Tewes and former City Attorney Helene Leichter in a failed attempt to prove a scandalous affair.

“I was conducting the surveillance as an incident of filing a lawsuit, which has been held to be one of the rights included under the right to petition for redress of grievances” under the First Amendment, Tichinin said.

The city fought back in February with its own First Amendment motion to kill the case, arguing Tichinin’s lawsuit would chill public process.

A San Jose judge heard the city’s motion Nov. 2 and his ruling is expected any day now, said City Attorney Janet Kern.

“I am appalled that Mr. Tichinin believed it was within his Constitutional rights in representing a client in a civil planning matter to hire a private investigator and follow the city manager and make defamatory allegations against the city manager and city attorney,” Kern said.

The case stems from a land-use tussle three years ago. Tichinin, who practices in Morgan Hill, was representing a property owner with hillside land. The property owner wanted to build more homes, but the city denied his application.

A legal challenge to the city’s decision followed, unsuccessfully. At the same time, rumors swirled of an affair between Tewes and Leichter that Tichinin said may have compromised his business with the city. He hired a private investigator to follow Tewes.

Jarred by news of a private investigator trailing Tewes to Southern California, the city council launched an investigation into the matter and subsequently expressed its disappointment over Tichinin’s actions.

Tewes and Leichter are both married. They’ve each claimed to have suffered personally from the matter. Leichter resigned in 2005.

Kern said the city has spent $100,000 in defense of the Tichinin matter. If the case goes to trial that amount could double. 

If the judge denies the city’s motion, it would likely take at least six months for a trial to begin.