Curb Attacks McCarthy’s New ‘Uniformed’ TV Spot

Lt. Gov. Leo McCarthy was accused by challenger Mike Curb on Monday of violating state law with a new television commercial that shows uniformed law enforcement officers backing McCarthy for reelection.

California law bars uniformed officers from engaging in political activity.

A 1976 statute says: “No officer or employee of a local agency shall participate in political activities of any kind while in uniform.”

McCarthy’s campaign commercial, which aired for the first time a week ago, shows Yolo County Sheriff Rod Graham, in uniform, saying: “It’s hard work being a cop. . . . And we need people at the top who will back us up.”

The commercial also shows Democrat McCarthy watching plainclothes officers at a firing range, walking with uniformed officers whose agency is not identified, and chatting with a uniformed officer whose agency--the Los Angeles County Sheriff’s Department--is clearly identified by his shoulder patch.

Republican challenger Curb, through his campaign’s lawyer, asked Atty. Gen. John Van de Kamp to investigate the legality of the commercial on Monday, a Curb campaign spokesman said.

Peter Bagatelos, lawyer for the campaign, sent a telegram to Van de Kamp, which said: “In my opinion, Leo McCarthy has violated Government Code sections . . . which prohibit the use of uniformed law enforcement officials and law enforcement facilities in political advertising or political activities. I hereby request that you investigate these apparent violations of the law.”

In a news release, Bagatelos was also quoted by the campaign as having said: “Leo McCarthy is an attorney, and as lieutenant governor has sworn to uphold the laws of California. If in fact these code sections have been violated, we request that Leo McCarthy immediately withdraw the advertising from public viewing.”

McCarthy was informed of the allegation--made initially by Curb campaign chairman Fred Karger--just before the lieutenant governor gave a speech in Los Angeles to the Town Hall of California organization.

In the speech, and in an interview, McCarthy hammered Curb for not debating him during the campaign, but declined to fully answer the allegation.

He told a reporter: “If Mr. Curb would appear here jointly with me, he’d have ample opportunity to point out any alleged illegality in the spot. So I won’t answer Mr. Karger, but I would make this comment generally about the spot. It’s a terrific spot. It gets across the point that all law enforcement organizations and leaders in the state have endorsed me. And Mr. Curb is fried about that, because Mr. Curb tried very hard to get these law enforcement endorsements and he failed to do so. . . .

A Real Sheriff

“The second point I’d make is that I use a real live sheriff, an independently elected sheriff, in my spot. I don’t think there’s any problem with that at all. This is an independently elected official.”

Actually, McCarthy has the endorsements of most--but not all--of the state’s important law enforcement groups. However, Curb has the endorsement of a statewide group of prison guards. His campaign also says he also has been endorsed by 52 police chiefs.