Thread: Immigrant-Rights Activist Slaps Opponent in San Bernardino

http://www.latimes.com/news/local/polit ... california

Immigrant-Rights Activist Slaps Opponent, San Bernardino Police Say
At a hearing for an anti-illegal immigrant ballot measure in San Bernardino, the two argue outside the courthouse
By Ashley Powers
Times Staff Writer

June 24, 2006

In another twist to the brewing battle over an anti-illegal immigrant ballot measure in San Bernardino, an immigrant-rights activist was cited for battery Friday after allegedly slapping the proposal's author following a court hearing on the measure.

Roberto Valentine, a member of the Riverside-based group National Alliance for Human Rights, was questioned by San Bernardino County sheriff's deputies after the incident outside the courthouse in San Bernardino. If convicted, he could be fined or jailed for the misdemeanor.

The confrontation began outside the chambers of Superior Court Judge A. Rex Victor, where several dozen people waited to learn the fate of a voter initiative that would ban illegal immigrants from renting apartments in San Bernardino.

San Bernardino's city attorney, who has requested that the measure remain on the ballot, asked for the court review because of questions raised about the number of required signatures.



After the judge announced that he would decide on Monday, the measure's sponsor, Joseph Turner, and several immigrant-rights activists began arguing in the hallway outside the courtroom.

Sheriff's deputies escorted the group outside, where things escalated until Turner and Valentine were nearly nose-to-nose and Turner used an insult.

Valentine reached for Turner and was blocked by others in the crowd, but then appeared to strike Turner on the cheek with an open palm.

The court hearing was the latest test for the proposal, which has angered immigrant-rights groups since Turner began the initiative petition process in October.

His plan would effectively ban day-labor centers, punish employers who hire illegal immigrants and require city business to be conducted only in English.

In May, Turner submitted the required 2,216 signatures, forcing the City Council to consider the measure.

A divided council rejected it, but under the City Charter the measure must then go on the ballot.

However, a city resident has filed a challenge, contending that Turner needed more than double the number of signatures he had gathered.

The legal decision turns on the interpretation of the City Charter.

The charter says a petitioner must gather enough signatures to equal 30% of voters "at the last preceding city election at which a mayor was elected."

When Turner began collecting signatures in the fall, San Bernardino officials determined that the "last preceding city election" was a November 2001 ballot that drew a mere 7,385 voters,

San Bernardino attorney Florentino Garza contends that the city should have used February's mayoral runoff election, because that balloting took place before Turner submitted his petitions for the initiative.

If that election, in which 15,902 people cast ballots, were used, Turner would be required to gather 4,771 signatures.

Roberto Valentine, a member of the Riverside-based group National Alliance for Human Rights, was questioned by San Bernardino County sheriff's deputies after the incident outside the courthouse in San Bernardino. If convicted, he could be fined or jailed for the misdemeanor

.


Sissys slap.

Sheriff's deputies escorted the group outside, where things escalated until Turner and Valentine were nearly nose-to-nose and Turner used an insult.

And I am sure that the pro-illegal did not use any insults whatsoever

http://www.dailybulletin.com/news/ci_3974442

Immigration initiative hearing gets ugly
By Kelly Rayburn, Staff Writer


SAN BERNARDINO - Joseph Turner can't say he didn't see it coming.
The angry demonstrator threatened to hit Turner if he said anything more about his mother.

For a few minutes, Turner restrained himself, then he gave in.

"Do you know what?'' he said. "Your mother can go (bleep) herself.''

And that's how an orderly court hearing on San Bernardino's controversial anti-illegal immigration ballot measure Friday afternoon turned into a minor melee.

The demonstrator, identified by sheriff's officials as Robert Ballantyne, slapped Turner and was in turn slapped with a misdemeanor battery charge.

The dispute followed a hearing on whether Turner collected enough signatures to force a city-wide vote on a sweeping ballot measure that would ban city-funded day labor centers, punish those who rent or do business with illegal immigrants and require that city communications be done in English only.

The judge heard oral arguments and said he would have a ruling Monday morning.

The fireworks following the hearing revealed the heated nature of Turner's controversial initiative, which some critics denounce as racist and mean-spirited.

Roughly 50 people associated with UC Riverside Professor Armando Navarro's Riverside-based National Alliance for Human Rights crammed into the courtroom.

After the proceedings, deputies cleared a court hallway where arguments had broken out after the hearing.

Ballantyne engaged Turner in an argument as they left the courthouse.

The confrontation continued outside and the discussion turned from Turner's initiative to whether Turner had made a disparaging remark about Ballantyne's mother.

Ballantyne smacked his palm with a fist, indicating what would happen if Turner made any more such remarks.

Turner said he had said nothing about anybody's mother.

Then, he did.

Ballantyne slapped Turner with an open hand.

Sheriff's spokeswoman Cindy Beavers said Ballantyne was cited for misdemeanor battery and released.

The matter has been forwarded to the District Attorney, she said.

She did not have information about Ballantyne's age or city of residence. Navarro said Ballantyne lives in San Bernardino and is a member of the Alliance.

Turner's initiative, meanwhile, has drawn national attention. It even has been mimicked in at least one other city.

In San Bernardino, it remains a question, though, whether residents will ever get to vote on it.

The so-called "City of San Bernardino Illegal Immigration Relief Act'' faces a legal challenge over whether Turner collected enough signatures.

Under a little-used provision of the City Charter, a proponent can force a vote on a measure by collecting signatures equal to 30 percent of the votes cast in the last city election in which a mayor was elected.

At question is whether Turner should have used the 2001 mayoral contest or the February 2006 mayoral runnoff as a benchmark.

Turner began collecting signatures in November, but did not turn them in until April, after the February election.

Had he used the February election as the benchmark, Turner would have needed more than double the 2,217 signatures that were ultimately verified.

Attorneys representing Florentino Garza, a San Bernardino resident and attorney, argue that City Clerk Rachel Clark should not have issued a "Certificate of Sufficiency'' when the signatures were turned in.

City Attorney James F. Penman, who represented the city himself in court Friday, defended Clark, saying that in absence of clear direction from the City Charter it is standard for city clerks to turn to California election law for guidance.

Under the state election code, Penman said, the benchmark election would have been the 2001 election. In that contest, former Mayor Judith Valles ran unopposed and turnout was low.

Attorneys representing Garza from the law firm Reed & Davidson charge that there is no ambiguity in the charter and that it clearly indicates the February election should have been used.

During the hearing, Victor asked numerous questions of both sides and did not overtly tip his hand in either direction.

At the end of the proceeding, he said he still had not made up his mind on how to rule, but that he would decide Monday morning.

Should the ruling go against Turner, he would likely have a 10-day period to collect the needed additional signatures.

The response from court-watchers Friday was somewhat predictable.

Hector Villagra, director of the American Civil Liberties Union's Orange County Branch Office, said that it is difficult to read judges, but, "It did seem like he was leaning toward saying the wrong election was used as a base line.''

Turner's response to the hearing: Penman embarrassed the opposing attorneys. Garza, for his part, said he was impressed. "I believe we truly have one of the finest judicial systems in the world, and that was on display today.''

He said Victor asked "excellent questions'' and added, "It's his call now. Not ours.''

After court let out, Navarro repeated an oft-used line of his about the opposition to Turner's measure, saying, "This is our Montgomery.''

He made the allusion to the Alabama city, a cradle of the civil-rights movement, while standing in front of allies who carried signs reading, "Yes to labor rights, yes to worker rights, yes to human rights, no to racism.''

As sheriff's deputies began to clear the area, Navarro turned to Turner and said that if the initiative survives its legal challenge, "We will kick your ‘you know what' politically and you will go home with a lot of scars.''

"I'm trembling,'' Turner answered.

"You better tremble,'' Navarro said.

Ballantyne and Turner argued on their way down the stairs from the third-floor court room, and a deputy warned Ballantyne that if he didn't stop "stalking'' Turner he'd be arrested. After the "mother'' comment and the subsequent slap, Turner moved toward Ballantyne calling out that he was making a citizen's arrest for assault.

Minutes later, he and Ballantyne were shuffled back inside the courthouse for questioning.

Navarro charged that Turner deliberately provoked Ballantyne, saying Turner knows how insulting it is in Mexican culture to disparage someone's mother.

"If there is a campaign,'' Navarro said, "it's going to be a campaign where there's much bitterness.''