Monterey mayoral candidate Vince Malfitano served a subpoena on a local reporter demanding all communications about him, drawing a legal challenge from a statewide press-freedom organization.

Malfitano's subpoena, served Sept. 21, targets Monterey County Weekly staff writer Aric Sleeper, according to Monterey County NOW. It demands Sleeper produce all communications with any member of the public related to Malfitano in any way.

The subpoena also names every member of the Monterey City Council and individuals who submitted letters to the editor or posted social media comments about Malfitano. Mayor Tyller Williamson and housing advocate Esther Malkin have been subpoenaed separately in the same case.

David Loy, legal director of the First Amendment Coalition, wrote to Malfitano's attorney on Sept. 23 on behalf of the Weekly. Loy argued the subpoena violates the California Shield Law, which protects journalists from being compelled to reveal unpublished information, including notes, drafts and communications with sources. He called it an unlawful incursion on press freedom and demanded it be withdrawn.

It has not been.

The Shield Law, part of the California Constitution and Evidence Code, has been interpreted by the state Supreme Court as providing absolute protection to journalists who are not parties in civil litigation.

Restraining order case

The subpoena stems from a civil harassment restraining order case in Monterey County Superior Court. Jody Compagno Crossman, owner of Compagno's Deli in Monterey, is seeking a restraining order against Malfitano following what she described as a verbal confrontation at the deli on Aug. 22.

In her complaint filed Sept. 1, as reported by Monterey County NOW, Crossman alleged Malfitano yelled at her in front of roughly 20 customers and threatened to sue her for defamation.

In court papers, Malfitano wrote that he believes Crossman sent records from his past profession to the Weekly. He accused her of bringing "dental stuff" to Republican Party offices and the newspaper.

Monterey County NOW noted that the Weekly's reporting on Malfitano was based on public records from the California Dental Board and the U.S. Department of Housing and Urban Development's Inspector General, not confidential sources.

A judge denied a temporary restraining order against Malfitano on Sept. 1. A full hearing is set for Oct. 20 in Monterey County Superior Court, according to KSBW.

When Monterey County NOW's Sara Rubin and Sleeper approached Malfitano in the courthouse hallway, the outlet reported he lost his temper within about a minute and began shouting at Sleeper. "I hope you preserve all your garbage," Malfitano shouted at the reporter, according to Monterey County NOW.

Election context

Malfitano, whose ballot designation is "Retired Business Owner," is challenging incumbent Mayor Williamson in the Nov. 3 general election. As we reported Sept. 29, Malfitano outraised Williamson by 40% in the latest campaign finance filings.

No public response from Williamson, Malkin or Sleeper regarding the subpoenas has appeared in available records. Malfitano's attorney has not publicly addressed the Shield Law challenge.

The Oct. 20 hearing will determine whether the restraining order is granted and could address the subpoena dispute.