Thread: CA-REGION: Caltrans, Minutemen dispute finally over

REGION: Caltrans, Minutemen dispute finally over
Agency pays up, installs new sign and publicly apologizes

Story Discussion By TERI FIGUEROA - tfigueroa@nctimes.com Wednesday, November 11, 2009 8:25 pm | (65) Comments


The San Diego Minutemen won a federal court battle to have this Adopt-A-Highway sign placed on northbound Interstate 5, just south of the Border Patrol checkpoint. (Photo by Hayne Palmour IV - Staff photographer)

The new freeway signs are up, the money's been paid, and the apology has been publicly made. It appears that almost two years after it started, the battle between the San Diego Minutemen and the California Department of Transportation is over.

"It does appear that the agency met all of its obligations," Jeff Schwilk, founder of the local Minutemen group, said Wednesday. "We feel vindicated. ... Let's hope we learned lessons from this and let free speech be free speech."

The tug of war over free speech issues started in January 2008 when the state agency yanked its OK for the anti-illegal-immigration activist group to post its name on freeway cleanup signs near a busy U.S. Border Patrol checkpoint in North County. It ended in a court settlement.

But turning agreements into action took a little prodding from a federal judge, who two weeks ago ordered the agency to make good on settlement promises with the controversial group.

Caltrans on Monday installed a second Adopt-A-Highway cleanup sign along Interstate 5 bearing the Minutemen's new logo. And last week, the agency made good on an agreement to issue a specifically worded public apology.

Caltrans has also turned over a $157,000 check it cut as part of a settlement with the group.

"We have complied with the court order," Caltrans spokesman Edward Cartegena said Wednesday.

The Minutemen sued Caltrans in federal court last year after the agency reneged on giving the group an Adopt-a-Highway cleanup sign near the busy San Onofre immigration checkpoint.

The group argued its constitutional rights to free speech, free expression, equal protection and due process were violated when Caltrans stripped away the signs.

The agency said it feared confrontations along the busy roadway and offered to move the Minutemen's sponsorship to a remote location near Santee. The Minutemen said Caltrans was bowing to political pressure: The state Latino Legislative Caucus and immigrants-rights activists had urged that the permit be revoked.

When the case was settled during talks mediated by a federal judge three months ago, Caltrans agreed to pay up, apologize and get the activist group a second sign advertising its volunteer trash pickup efforts along the freeway.

But when it didn't happen fast enough, the Minutemen complained to the federal court.

So on Oct. 27, U.S. District Judge William Q. Hayes told Caltrans it had 14 days to act on what it had already agreed to do.

In issuing the order, Hayes also rejected a request to give some of the $157,000 settlement money to a woman who had successfully sued Schwilk personally for defamation-related allegations. The woman, Joanne Yoon, had unsuccessfully argued that Schwilk and the San Diego Minutemen were one and the same.

Yoon has now taken her request to get a cut of the money to the state court judge who oversaw the trial that Yoon won this summer.

Schwilk said that his activist group should net about $97,000 of the settlement, with the balance going to pay the remaining fees to the attorneys who represented the Minutemen in the battle with Caltrans.



Wednesday, November 11, 2009 8:25 pm
Updated: 2:31 pm


http://www.nctimes.com/news/local/sdcou ... e3512.html

GO SAN DIEGO MINUTEMEN! Congratulations! I am very proud of you, your work, and persistence on behalf of US citizens, our immigration laws, and yes, our Free Speech.

The state Latino Legislative Caucus and immigrants-rights activists had urged that the permit be revoked.



these knuckleheads must be madder than all get out,
but WHO THE HELL CARES

Isn't it amazing what people have to go through that just want our immigration laws enforced and also want to help our community in some way?

So many things are upside down inside out in this country.

But thank goodness some common sense prevailed in this case, a rarity in politics and our judicial system it seems today.

Congrats to the San Diego Minuteman.

Originally Posted by jamesw62

The state Latino Legislative Caucus and immigrants-rights activists had urged that the permit be revoked.



these knuckleheads must be madder than all get out,
but WHO THE HELL CARES

I DON'T CARE! I hope they're mad enough to tell their relatives and friends who are here illegally to leave our country, since we're so full of potential "confrontations" on our roadways!

IN THEIR FACE!

I beleive it is "Ratbstard" they will get to see it everytime they drive down that freeway!! and it is a busy freeway!!

Way to go minutemen, congradulations!!!....1 for our side!!

Someone needs to adopt all the other roads that are allowing them to sneak in undetected as well...

Adopt a Highway....Alipac

Adopt a Highway...Lou Dobbs

Adopt a Highway ...Glenn Beck

Adopt a Highway....I.C.E.

Adopt a Highway D.E.A.


Kathyet

Way to go Minutemen!!! Free speech goes both ways!