Accusing her of engaging in the height of political snobbery, Mike Martinez says Mary Callaghan's response to his lawsuit is "arrogant, self-serving and demeaning to the public's intelligence."
Martinez, in a lawsuit filed in Murray's 3rd District Court early this month, has accused the former Salt Lake County commissioner of fraudulent misrepresentation, false advertising, breach of contract and a host of other contractual sins.
The suit stems from Callaghan accepting a $279,500 severance package from Salt Lake County when a voter-approved change in government cut her term as a county commissioner in half. She had repeatedly said during her campaign for the position that she would not accept any severance pay if the government change came about.
Martinez reacted strongly Thursday afternoon to Callaghan's motions, filed Wednesday, seeking to have his claims dismissed.
"She is saying she has no constraints, that she can say or do whatever she wants with impunity," he told the Deseret News. " I don't think that is right, to have that kind of mentality in an elected official."
Martinez, in his suit, contends Callaghan rode a campaign trail that promised voters, through media interviews, that she would not take the severance package.
She betrayed those voters by accepting the payment, he asserts.
Callaghan has countered she is protected from any legal ramifications because what she said while campaigning constituted political speech and is protected by the First Amendment.
She also sought to have Martinez's suit dismissed, saying he had no standing because he could not prove he had suffered monetary damages.
Martinez says that argument is ludicrous.
"It makes no sense. Some of the biggest cases in our country have been litigated over principle and not money," he said. "This is a public policy issue. A lot of cases are fought on education and freedom. The civil rights cases started out that way — age discrimination, sexual harassment, those are all the type of case where you are dealing with public policy."
He adds that her claim that her speech is protected because it is political speech is bogus.
"You have to distinguish between free speech and speech that causes harm to someone. This is one of those limitations. You cannot tell people a lie, induce them to do something and benefit from it. It is fraud, it is misrepresentation."
By seeking cover under the First Amendment, Martinez says Callaghan is claiming her status as a politician protects her from accountability, something that slaps at the face of democratic ideals.
"Somehow, she feels she's on this pedestal where she can't be held accountable or where she feels she shouldn't be punished. That's the mentality we have in our elected officials, that they are above the law."
Ironically, Martinez says if Callaghan had never made the promise not to accept the money, he wouldn't take legal issue with her.
"She was legally entitled to it, but she made the promise and sold us her services on the condition she wouldn't accept it. That's false advertising."
E-mail: amyjoi@desnews.com