FOR IMMEDIATE RELEASE
FEDERAL CIVIL RIGHTS LAWSUIT AGAINST COSTA MESA MAYOR GOES TO TRIAL ON WEDNESDAY
SANTA ANA, CA -- A federal civil rights lawsuit filed in March 2006 by an Orange County immigrant rights activist accusing Costa Mesa Mayor Alan Mansoor of violating his constitutional right to free speech is scheduled to go on trial on the morning of Wednesday, December 2nd at 8:30 a.m. in Santa Ana.
The lawsuit, filed by Benito Acosta, also known as Coyotl Tezcatlipoca, with the backing of the Southern California Branch of the American Civil Liberties Union, claims that Mayor Mansoor deliberately obstructed his right to free speech when he abruptly cut him off without warning during public comments at a January 3, 2006 city council meeting.
During the 2006 meeting, Acosta was criticizing Mayor Mansoor and other members of the council during public comments over his proposal to have Costa Mesa Police officers be trained to enforce federal immigration laws by the Immigration and Customs Enforcement (ICE) agency of the Department of Homeland Security.
When Acosta asked members of the audience to quietly stand up if they too were opposed to the Mayor's proposal, Mansoor hurriedly recessed the meeting before his time was up. Several Costa Mesa Police officers then quickly surrounded Acosta from all sides and physically removed him from council chambers shortly thereafter.
Earlier that same meeting, Jim Gilchrist, founder of the Minuteman Project, a border vigilante group, praised Mayor Mansoor and asked members of the audience to stand up to show their support of his proposal. Mansoor not only thanked Gilchrist for his public comments, but allowed him to run beyond his three minute time limit.
Since then, Costa Mesa city officials have tried twice to criminally prosecute Acosta for "disrupting" the meeting. But District Attorney's office declined to file any criminal charges against Acosta. And a Superior Court Judge dismissed the city prosecutor's case against him arguing that his due process rights were violated.
The federal civil rights lawsuit is the final chapter in an incident that so far has cost the taxpayers of the City of Costa Mesa more than $500,000 in legal expenses alone. If the city loses the case, its possible the municipality may end up paying many times more in damages, attorney fees, and other costs.
"Acosta v. City of Costa Mesa, et al." (U.S. District Court Case No. SACV 06-233) will be heard by Judge David O. Carter in Dept. 9D at the Ronald Reagan Federal Building and Courthouse, located at 411 West 4th Street in Santa Ana. Proceedings started this morning with the trial to begin on Wednesday, December 2nd.
Google Map of where the courthouse is located:
http://maps.google.com/maps?hl=en&source=hp&q=411+West+4th+Street+in+Santa+Ana&um=1&ie=UTF-8&hq=&hnear=411+W+4th+St,+Santa+Ana,+CA+92701&gl=us&ei=vVYTS8_jDozosQPP-62XBg&sa=X&oi=geocode_result&ct=title&resnum=1&ved=0CAoQ8gEwAA
-----------------------------------------------------------------------------
For more info about the case, see the following links:
-----------------------------------------------------------------------------
Video footage taken by a Minuteman Supporter of Coyotl Tezcatlipoca (aka, Benito Acosta) speaking during public comments, being cut off by Mayor Alan Mansoor, and then surrounded and forcibly removed by police from the podium at the Tuesday, January 3, 2006 meeting of the Costa Mesa City Council
By Brooke Young, Immigrationwatchdog.com
http://www.immigrationwatchdog.com/media/costamesa/bad_2.wmv D.A. won't charge protester
By Alicia Robinson, Daily Pilot
http://www.dailypilot.com/articles/2006/02/03/safety/dpt-protester03.txt ACLU/SC Files Suit After Arrest, Beating of Speaker at Costa Mesa Council Meeting
Press Release, American Civil Liberties Union
http://www.aclu-sc.org/releases/view/101656 ACLU files suit against Costa Mesa
By Alicia Robinson, Daily Pilot
http://www.dailypilot.com/articles/2006/03/03/politics/dpt-freespeech03.txt Criminal Trial for Costa Mesa Activist: 'Not guilty' Verdict could lead to costly problems for mayor
By John Earl, Orange Coast Voice
http://www.ocvoice.com/OC_VOICE/Home/OCV%20-%20August%202007.pdf Disorder in the Court: Acosta (file) cost a lot for Costa Mesa taxpayers
By John Earl, Orange Coast Voice
http://www.ocvoice.com/html/acosta.html Acosta case dismissed
By Alicia Robinson, Daily Pilot
http://www.dailypilot.com/articles/2007/10/02/publicsafety/dpt-acosta02.txt Smiley Coyotl: When is a prosecutor not a prosecutor? The answer spared a Santa Ana activist/punk rocker from criminal charges
By Nick Schou, Orange County Weekly
http://www.ocweekly.com/2007-10-11/news/smiley-coyotl/ City's case against activist is dismissed: A student arrested at a 2006 Costa Mesa council meeting was denied due process, a judge rules.
By Jennifer Delson, Los Angeles Times
http://articles.latimes.com/2007/oct/02/local/me-benito2 Judge Dismisses Vindictive Prosecution of Man in Costa Mesa Free-Speech Case
Press Release, American Civil Liberties Union
http://www.aclu-sc.org/releases/view/102607 ACLU/SC Wins Key Ruling Related To Orange County Free Speech Case
Press Release, American Civil Liberties Union
http://www.aclu-sc.org/releases/view/102902 