Judge rejects former Poway Councilman Tony Blain’s bid to dismiss public records lawsuit

A San Diego judge denied former Poway City Councilman Tony Blain's bid to dismiss a Public Records Act lawsuit, finding his resignation did not moot the case.SAN DIEGO (CN) — A San Diego Superior Court judge denied a former city councilman’s request to dismiss a lawsuit against him for public records violations in a ruling on Friday.The city of Poway claims that former City Councilman Arthur Tony Blain has continued to refuse to comply with the California Public Records Act after it says he failed to submit public records related to city business during his brief stint as an elected official last year.Blain, a physician and a retired military officer who ran for office on the slogan of “honesty, integrity and transparency,” resigned from his position a day after constituents in Poway resoundingly voted in favor of recalling him from the Poway City Council in November 2025. He is also facing criminal charges in San Diego Superior Court for bribery, perjury and theft.The city of Poway claims that Blain used deleted emails and text messages from his personal accounts to conduct city business, and then asked his recipients to delete them as well. Blain was combative and uncooperative when the city attempted to ensure he followed the public records law, the city says.Blain, 60, has argued that, because he is no longer a public official, the city’s petition seeking to compel public records should be dismissed. However, Superior Court Judge Carolyn Caietti found that Blain failed to show how his resignation made the petition moot.“Further, a case becomes moot when events render it impossible for the court, if it should decide the case in favor of plaintiff, to grant any effective relief,” Caietti wrote in her tentative ruling. “Here, Blain did not address these legal requirements. He also did not explain how his resignation as a council member precludes the court from addressing the alleged harm, i.e., the wrongful retention of public records, as well as the court’s ability to compel production.”Within a month of taking office in December 2024, the city began receiving public records requests for communications about city business from Blain’s personal accounts, including encrypted messaging apps, according to the lawsuit. Blain told the city clerk he had deleted everything from the previous two weeks.The city council later voted 4-0 to censure Blain after city emails made public in January showed he was trying to trade votes for an appointment to a vacant council seat, according to the lawsuit. Afterward, Blain told constituents and reporters to text him instead.Despite being repeatedly told that city business is subject to public disclosure, Blain continued to conceal his communications, the city says.“The city is informed and believes and alleges thereon that Councilmember Blain did this intentionally to attempt to shield these communications from disclosure, despite being advised several times that all communications relating to city business are public records, regardless of account or medium,” according to the lawsuit.The lawsuit says that Blain repeatedly told the city clerk he did not use his private email, devices, or personal social media accounts for city business, but also refused to sign an affidavit affirming the statement. The city says that it has obtained numerous communications from other parties that directly contradict this.The city says there are eight public records requests seeking communications from Blain, but he has produced only two Facebook messages.Blain, who recently retired from the military at the age of 60, contends that he has never deleted any communications about city business. He also claims in court documents that city officials are using the lawsuit as a smear campaign against him because of his advocacy for term limits and limits on political donations.Attorneys did not argue on Friday, but rather submitted on the judge’s tentative ruling.The city filed its lawsuitagainst Blain in April 2025.“The city takes compliance with all state law — particularly those aimed at public disclosure — very seriously,” city spokeswoman Rene Carmichael said in a statement to Courthouse News. “The case is significant to ensure the city of Poway has all public records in its file, including Mr. Blain’s texts and emails from several non-city email accounts he is known to use for city business, in order to comply with the third-party Public Records Act request. Mr. Blain could resolve this case at any time by simply producing the documents requested, signing an affidavit that he has provided all public records in his possession to the city and compensating the City for all costs associated with filing this lawsuit.”An attorney for Blain declined to comment.Blain is scheduled for a preliminary examination call for his criminal case in October.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads