Judge denies former Poway councilman Tony Blain's attempt to toss public records suit

San Diego Superior Court Judge Carolyn Caietti rejected former Poway councilman Arthur Tony Blain's bid to have a public records lawsuit thrown out, finding his resignation insufficient to moot the case. Poway contends Blain conducted official business through personal accounts, deleted communications, and refused to affirm compliance, violating the California Public Records Act. The city highlighted a unanimous censure after leaked emails suggested he attempted to barter votes for a vacant seat.

Blain, a retired military officer and physician, also faces criminal charges for bribery, perjury and theft, and claims the suit is a political smear. City spokeswoman Rene Carmichael said the dispute could end if Blain provides the requested documents, signs an affidavit and reimburses legal fees. An attorney for Blain declined to comment, and his criminal case has a preliminary hearing scheduled for October.