Posted on 03/03/2006 9:48:59 AM PST by LNewman
Lawsuit says man arrested at January council meeting was assaulted by police, denied free speech.
The ACLU on Thursday filed a lawsuit against the city of Costa Mesa over the treatment of a protester who was arrested at a Jan. 3 City Council meeting.
The suit was filed by the ACLU of Southern California on behalf of Benito Acosta, a 24-year-old Costa Mesa resident and Orange Coast College student who also uses the name Coyotl Tezcatlipoca. It claims city officials violated Acosta's rights to free speech, equal protection and due process by silencing him and by using force to restrain him, eject him from the council meeting, and arrest him.
Acosta was at the Jan. 3 meeting to speak against several recent council decisions, particularly a proposal the council approved in December to train city police for immigration enforcement. He was ordered to stop speaking and was then removed from the meeting by Costa Mesa police after he urged those who agreed with him to stand up.
According to the suit, Acosta was cut off before his allotted three minutes was up, and when he protested, he was surrounded by police who grabbed, struck, pushed and kicked him while dragging him outside the council chambers.
During the five hours Acosta was in custody, he was taken to the hospital for injuries caused by police, said Belinda Escobosa Helzer, a staff attorney for the American Civil Liberties Union of Southern California.
"He opposed the city's efforts, he criticized, and because of that criticism he was silenced and he was assaulted," Helzer said. "It's clear from looking at the videotapes [of the meeting] that he was targeted because of the content of his speech."
The lawsuit also says an earlier speaker -- Minuteman Project founder and anti-illegal-immigration activist Jim Gilchrist -- who supported the council's decisions was given more than three minutes to speak and was allowed to ask supporters to stand.
The suit names as defendants the city, Mayor Allan Mansoor, Police Chief John Hensley and 10 unnamed people, some of whom may be police officers.
The Costa Mesa Police Department referred questions about the lawsuit to the city attorney's office. Costa Mesa City Atty. Kimberly Hall Barlow said she could not comment because she hasn't seen the suit.
"I don't have any comment at this time," Mayor Allan Mansoor said.
Helzer said the ACLU filed the suit to ensure that residents can speak out about city issues without fear of being arrested and beaten.
"It is important that I speak up about what happened so that it does not become more common," Acosta said in a news release. "It's painful to talk about what happened to me, but I don't want this rough unfair treatment to scare people into not speaking out about this proposal or anything else."
The ACLU filed the lawsuit with the U.S. District Court for the Central District of California.
The Tonantzin Collective, an activist group to which Acosta belongs, asked Barlow in January to investigate Mansoor's conduct at the council meeting. The complaint was referred to the city prosecutor, but Barlow said Thursday that no decision has been reached on whether to pursue it.
From ACLU of Southern California Open Forum
ACLU BRANCHES OUT
The ACLU of Southern California’s long-in-the-works plan to open a branch office in Orange County took a big step this month with the hiring of Hector Villagra as director of that office, and Belinda Escobosa Helzer as staff attorney.
Villagra comes to us after serving four years as the regional counsel for the Mexican American Legal Defense and Education Fund (MALDEF), where he supervised legal activities for California, Arizona and Nevada. His career includes clerking for Stephen J. Reinhardt of the Ninth Circuit Court of Appeals, and Chief Justice Robert N. Wilentz of the New Jersey Supreme Court. He is admitted to several bars, including the California Supreme Court, the U.S. Court of Appeals, Ninth Circuit, and the U.S. District Court, Central District California.
“I decided to join the ACLU because I am committed to its mission: ensuring that all can enjoy the freedoms and opportunities to which they are legally and morally entitled,” he said.
“An Orange County office is needed because its diverse population is growing and there are civil liberties and civil rights issues emerging from that area,” said Ramona Ripston, ACLU/SC executive director. She feels having an office and staff in the region puts the organization in a strong position to respond swiftly and be proactive.
Villagra, who has served as co-counsel with the ACLU/SC on prior civil liberties cases issues emerging from Los Angeles, is a great fit for the organization, Ripston said.
“He has a history of tackling problems and not only being interested in litigation, but also understands the importance of legislation,” she said. “He has a stellar background. We’re lucky to have him.”
Villagra said he has a “very personal” understanding of the promise of the United States through the struggles of his parents, who came to this country in the mid-1960s with limited education. He and his sisters watched their parents sacrifice to offer their children options and opportunities they never had, a life lesson that took a deep hold.
“Most significant, for me, has been the opportunity to choose a career. I decided that along with the opportunity to choose came a responsibility,” Villagra said. “In joining the ACLU, I am proudly fulfilling that responsibility: honoring the work of my parents and the promise of this country, and being of genuine service to others.”
Villagra said he feels fortunate to work daily toward making Orange County “a better place to live for all its residents.”
“My hope is that we can quickly demonstrate the need for and value of the ACLU’s leadership and expertise,” Villagra said.
Belinda Escobosa Helzer, the newly hired Orange County branch attorney, is also leaving a staff attorney position at MALDEF to join the ACLU/SC. She has clerked for Judge Joseph F. Baca, senior justice of the Supreme Court of New Mexico, and served as an extern for Judge Dean D. Pregerson of the United States District Court, Central District.
The Orange County office is at 2140 W. Chapman Ave, Suite 209. It opens Sept. 19.
Ping
ACLU = The Enemy Within™
And...?
Welcome to FR ... I guess. And?
Villagra said he feels fortunate to work daily toward making Orange County “a better place to live for all its residents.”
Yes, his goal is to turn Orange County into a sh*thole like Los Angeles.
once again the American Communist Liberties Union strikes a small vicitim in a effort to establish precedence.
I guess they had to take some time out from defending NAMBLA.
It's a shame more accidents don't happen to ACLU lawyers on the way to the courthouse.
There is also a 6th Column operating here:
http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=21494
ping
You dumass, the fact that your parents were able to to come to this country with limited education and by applying themselves were able to offer their children a better life than what they had is what is great about this country not what is wrong with it.
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