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9.A LEGAL UPDATE from page 2 " " " " " " " " " ' death. The trial court ruled in favor of the indi- vidual. The court of appeals also concluded that a Fifth Amendment violation occurs when a police officer coerces self- incriminating statements from a suspect in custody, even if those statements are not used in a criminal proceeding. The U.S. Su- preme Court disagreed and concluded that no violation of the self- incrimination clause of the 5° Amendment occurs until the statements are used in a criminal case. The name of the case is Chavez v. Martinez 122 S. Ct. 2326, 153 L.Ed.2d 158, (June 3, 2002). The League thanks Girard Fisher of Pollak, Vida & Fisher for writing the friend -of- the -court brief to the United States Supreme Court on behalf of joining cities. Billboard Rights Denied A billboard company constructed billboards violating local location, size and height regulations. The issue in this case is whether a sign company that installs illegal signage is entitled to any rights if the underlying sign ordinance at the time is ruled unconstitutional. The trial court concluded that the unconstitutional provisions of the ordinance were severable from the rest of the ordinance, thus denying the billboard companies from any vested rights in the location of their billboards. The court of appeals affirmed the trial court's ruling, with a favorable outcome to the county, but in an unpub- lished opinion. As an unpublished opinion it may not be cited in litigation including other public agencies. The League is filing a letter in support of publication to the court of appeals. QUOTES from page 3 • ••""•'-•""•". funding as a way out of budget problems. The latest idea involves a complicated tax swap that mostly accomplishes an erosion of local control over revenues in the name of state budgeting." The Contra Costa Times, 7/14103, Good News on Taxes. California taxes are among the highest in the nation and the cost of doing business in this state is excessive because of high real estate, workers compensation and energy costs. It makes no sense to add to that burden while we are trying to get out of an economic slump. The Santa Rosa Press Democrat, 7/14/03, State Crisis; Democrats Have No One to Blame But Themselves for the Damages. "Republican lawmakers who dislike government cannot conceal their glee. With proposals to abolish coastal protec- tion, impose new charges on low- income people and postpone kindergarten, GOP legislative lead- ers are playing out their private fantasies of a society that protects the strong and disregards the weak." Oakland Tribune, 7114/03, Redistricting Plays a Part in Budget Crisis. "Normally a budgetary crisis like this calls forth some pragmatic bipartisan solutions. Because redistricting gave virtually every member of the Legislature such a safe district, however, there is no need for anybody to compromise." San Diego Union Tribune, 7113/03, Califor- nia Lawmakers Are Long on Rhetoric, Short on Budget Solutions. "The sometimes overheated rhetoric on both sides only serves to further con- fuse the beleaguered citizen." The name of the case is Valley Outdoor v. County of Riverside, No. 02 -55475 (9" Cir. May 23, 2003) (currently unpublished). The League thanks Mike Klekner with the City of Los Ange- les for writing the friend -of- the -court brief on behalf of joining cities to the court of appeals. To request amicus assistance from the League, submit your request via the League's website: www.car,itip,s . or cl/reauestamicus. For more information about the League's legal advocacy program, check out the League's website: www.cacities.orn /leaaladvocacv. The San Francisco Chronicle, 7113/03, A Simple Tax Solution. "The wishes of the people can be met with the right tax structure — lower, simple tax rates over a broad base will provide government the money it needs to provide services the people demand." The Contra Costa Times, 7/12/03, Tough Action Needed To Solve Budget Crisis. "Cali- fornia is at a moment of truth where serious, painful measures must be taken to avoid disaster. It will take an extraordinary act of political will and cour- age for the Legislature to set aside their differ- Continued on Pepe 6 Visit the League's Official Web Site -- www.cacities.org PRIORITY FOCUS /PAGE 5