http://www.ocregister.com/news/acost...y-meeting.html
SANTA ANA A federal jury determined today that the city of Costa Mesa and Mayor Allan Mansoor did not violate an immigration advocate's right to free speech when he was ejected from a 2006 council meeting.
The verdict, which came after about an hour of deliberations, concludes Benito Acosta's federal trial against the city and Mansoor. Acosta alleged that his first amendment rights were violated when he was cut off abruptly from speaking during a contentious January 2006 meeting.
Article Tab : Coyotl Tezcalipoca, 25, of Costa Mesa, a member of Tonatzin Collective just before being arrested by Costa Mesa police during Tuesday's council meeting.
Coyotl Tezcalipoca, 25, of Costa Mesa, a member of Tonatzin Collective just before being arrested by Costa Mesa police during Tuesday's council meeting.
ARMANDO BROWN, THE ORANGE COUNTY REGISTER
costa, a Latino activist who goes by the name Coyotl Tezcatlipoca, was backed by the Southern California branch of the American Civil Liberties Union.
"We're disappointed with the jury's verdict, but we are happy to have had our day in court," said Belinda Escobosa Helzer, one of Acosta's ACLU attorneys.
Acosta was an Orange Coast College student when he spoke at the council meeting against a proposal to allow Costa Mesa police to enforce federal immigration policies. He was among nearly two dozen speakers on the issue, which had thrust the city into the limelight.
Acosta was arrested at the council meeting on suspicion of disturbing an assembly, interfering with the meeting and resisting police officers.
In 2005, city leaders also voted to shutter a city-sponsored job center, which citizens argued attracted illegal immigrants and wasted taxpayers' money. The center opened in 1988 in response to complaints about loitering, traffic problems and unsafe conditions when day laborers – mostly Latino – searched for work on streets and at parks.
During the trial, which began Dec. 2, Acosta's attorneys alleged that Mansoor allowed Jim Gilchrist, co-founder of the Minutemen, to speak over his allotted three minutes during public comments. Acosta's comments, however, were cut off by the mayor after the activist urged audience members to stand up.
Mansoor testified that he was just trying to keep the meeting safe and orderly.
Attorneys argued that Acosta suffered physical injuries, emotional trauma and public humiliation as a result of being removed from the council chambers by police officers.
Two years ago, the city's criminal case against Acosta, now a UC Irvine student, was dismissed because the city's prosecutor was not sworn in when the case was filed.
"We still believe in the principle of free speech rights and the right of residents of Costa Mesa and other cities across Orange County to openly criticize their city officials," Helzer said.
Acosta's attorneys will review the trial proceedings and determine if there are any grounds for appeal, Helzer said. Acosta wants to now focus on his final exams, she said.