The odor still lingers on a pamphlet that will be sent out to about 6,000 registered voters in Southern Humboldt County.



Today Judge Timothy Cissna denied a request by county Registrar of Voters Kelly Sanders to strike from the booklet “Insert fart smell here,” which was resident Scotty McClure’s response to written arguments by proponents of Measure W. The measure proposes a hike in parcel taxes to help pay for a new hospital.

The informational pamphlet, with fart smell inserted, is scheduled to be mailed out Wednesday.

Deputy County Counsel Joel Ellinwood, representing Sanders, had argued that the phrase is “merely a vulgarity that provides no information whatsoever,” and should be removed.

Ellinwood said statements in voter pamphlets must be relevant to the merits or demerits of the issue at hand.

But McClure, citing his First Amendment to free speech, defended the words as simply his valid opinion.

“I didn’t cut anybody down,” he said. “I didn’t even call anybody an S.O.B.” He noted that fart is not one of the seven banned “George Carlin words,” and in fact is not even among the “top 50” offensive words.

McClure, 68, is a lifelong Southern Humboldt resident who said he is sick of special elections and election rhetoric. He came to court in a flannel shirt and faded jeans, his long gray hair in a ponytail. Several times Judge Cissna had to remind him to stick to the point, as he tended to wander into condemnation of Measure W, his disgust over local school board issues and even the outrageousness of the Trump-Clinton campaign.

Measure W, if approved by voters May 2, would raise parcel taxes in the Southern Humboldt Community Healthcare District by $45 annually, to $170. The tax would last 45 years. McClure wrote a “con” statement for the voter pamphlet, which was much too long and had to be pared down. He’s still upset about that. When supporters of the measure countered his argument and he needed to rebut their rebuttal, he was tired of writing. A pointed, four-word response seemed right.

Cissna asked Ellinwood whether it would have been acceptable for McClure to state “Measure W stinks,” or “I disagree with Measure W” or “I disagree with the above,” which are also opinions.

“I suppose he’s entitled to do that (but) it doesn’t really add anything,” Ellinwood said. “…It’s our position that the language Mr. McClure chose to use is inappropriate. What we’re asking for the court to do is to delete that.”

Cissna asked McClure, who had been listening to him question Ellinwood, whether he had anything to add to his argument.

“I think I’d better be quiet because I think I’m winning,” McClure said. “… I used the word that I felt was the best expression. Boom! It just came to me.”

Cissna noted that to justify deleting the statement, it would have to be proven false or misleading, or shown to have no relevance at all to the issue.

“I think clearly it does,” he said. As to McClure’s choice of words, “I don’t really think it’s vulgar. I don’t think it approaches vulgarity.”

He then ruled to deny the petition, and McClure asked “Did I win?”

Cissna said yes, he had.

“That gets a hundred-pound monkey off my back,” McClure said. “Actually a 900-pound monkey.”

Outside the courtroom, Ellinwood said he would have to consult with Sanders about whether to file a writ of appeal.

“That’s one option,” he said.