An attorney for state Sen. Bill Morrow filed a lawsuit Monday asking a Superior Court judge to force the Carlsbad Unified School District to rescind its superintendent's cancelation of a town-hall meeting on immigration, the attorney said.
Attorney Peter Lepiscopo, who represents Morrow, said he expects a judge to decide within a day or two whether the meeting, originally scheduled for Thursday, can be held at the Carlsbad Community Cultural Arts Center on the Carlsbad High School campus.
Morrow described the lawsuit as a "last resort" and an effort to protect free speech.
"I am a public official," Morrow said. "I want to hold a public town forum, and I am unable to do so because of the threats, coercion and intimidation of those who disagree with the message."
Carlsbad schools Superintendent John Roach announced last week that he would cancel the immigration forum planned by Morrow, citing past violence and threats of violence at other immigration events throughout the state.
Roach referred specifically to clashes that occurred in May in Garden Grove and Baldwin Park and in July in Campo.
Roach cited a school board policy that allows the superintendent to deny use of school grounds "if an event poses an unreasonable risk of damage to the facility, equipment, or furnishings, and that might jeopardize the security, health, and well-being of an audience or of the community."
"Based on my understanding of the recent events in Garden Grove, Baldwin Park, and Campo, it is my belief that the event you had planned poses exactly such a risk," Roach said last week, reading from a letter he had faxed to Morrow's office.
"These events seem to have a tendency of gathering busloads of supporters and opposition who yell at each other and get violent. That's not an appropriate use of the facility," Roach continued.
Sponsored by Morrow, the scheduled meeting, titled "The Illegal Immigration Crisis," was scheduled to include former San Diego mayor and radio talk-show host Roger Hedgecock as emcee, Colorado Congressmen Tom Tancredo, Minuteman Project founder James W. Gilchrist, attorney and author Madeleine Cosman, and former U.S. Attorney Pete Nunez.
Morrow's meeting was to have focused on how illegal immigration affects health care, homeland security, education, the economy and the environment, according to a flier distributed by the senator's staff.
Roach could not be reached for comment Monday evening, but school board President Mark Tanner stood by the superintendent, saying he believes Roach has good judgment.
"I think what he's done made sense," Tanner said of Roach's decision to cancel the forum. Tanner added that it's up to Roach to make decisions regarding safety and the use of school district facilities.
Tanner said he was surprised by Morrow's complaint, adding that the district had not intended to curtail anyone's constitutional rights.
"I don't think that was the motivation at all," Tanner said.
Morrow said a state appeals court ruled in 1998 that canceling an event because of threats of violence from opponents of the event amounted to an unconstitutional prior restraint on free speech called a "heckler's veto."
Lepiscopo, Morrow's attorney, said the district's remedy to address safety concerns is to have enough police officers present, not to cancel the event. Morrow said Monday that police have told him they could provide adequate security for the event.
"When somebody says, 'Hey, if you don't shut up' or takes action to shut you up and not say your piece under threat of disruption or violence, that cannot be tolerated, not in the USA," Morrow said.
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I might be wrong but I see this Roach trying to justify supressing First Amendment on grounds of unreasonable expectations of chaos (quite ironic considering whom the education set rubs elbows with).
He fears the truth getting out and contaminating the general public.
CA: Carlsbad schools chief cancels forum on immigration ~~ heated Debate on KFI John and Ken Show
"These events seem to have a tendency of gathering busloads of supporters and opposition who yell at each other and get violent. That's not an appropriate use of the facility," Roach continued.