Thread: Arizona immigration law-hearing leads to arrests, barring of

Arizona immigration law-hearing leads to arrests, barring of 2

Arizona Republic
February 26, 2011

Six people were arrested at the state Senate and at least two people were barred from returning during a raucous week surrounding illegal-immigration legislation.

Senate President Russell Pearce said the incidents "threatened the safety of our members, staff and the public," and he vowed tighter scrutiny of visitors, but the clashes raise questions about security procedures at the Capitol and who enforces them.

Immigration activist Salvador Reza said that when he walked into the Senate lobby Thursday, security officers told him that Senator Pearce had ordered him banned from the building because of his rowdy behavior of an overflow crowd at Tuesday's Appropriations Committee hearing.

A police document shows that Reza was told Tuesday not to return.

When he refused to leave, state Department of Public Safety officers arrested Reza on trespassing.

He now faces a March 16 court hearing.

"They never told me not to come back," Reza said. "If I had known that, do you think I'd get arrested for fun?"

Senate Sergeant at Arms Joe Kubacki said he had asked Reza on Tuesday night to quiet the crowd, which he estimated at 350 people, after their cheers and applause could be heard in the hearing room across the hall.

Reza said officers told him people would be removed if they didn't calm down.

The hearing continued until after 2 a.m., but no one was ejected.

In a statement, Senator Pearce called Reza the "prime agitator."

He said Tuesday night's crowd, the disruption of a news conference earlier in the day that led to four arrests, and the Thursday arrests of Reza and fellow activist Anayanse Garza "were very dangerous situations that required prompt law enforcement."

"When people create disturbances and outright threaten members and the public, law enforcement is required and expected to step in," Pearce said.

"In the future, we will be much more vigilant over any misconduct by anyone visiting this building."

Pearce said Thursday that he left it up to Kubacki and DPS officers to decide who should be allowed back in the Senate after they told him about the boisterous immigration group.

"Law enforcement barred him from the building," Pearce said. "I told my folks to find out who was in there, and they won't be invited back."

Legislative hearings typically are staid affairs, where applause and other outbursts are prohibited. Outside on the lawn and in the space between the House and Senate, however, it's a different story. There, hundreds have gathered in recent months for loud, often heated, immigration protests.

In his statement Friday, Pearce said the state Constitution gives him authority over the Senate building. He used the same reasoning when questioned last month about whether members can carry weapons in the Senate even though state law prohibits the public from doing so.

But Sen. Steve Gallardo, D-Phoenix, who saw Reza's arrest on Thursday, said Pearce should not have the power to keep people out of a public building.

House and Senate security is provided by members of the Capitol Police, DPS and a sergeant at arms for each chamber.

Phoenix attorney Dan Barr, who specializes in constitutional law, said admittance to public buildings isn't guaranteed.

"You don't have the right under the First Amendment to disrupt government from conducting business," he said. "You don't have sort of the heckler's veto."

Capitol police arrested four people Tuesday, including radio host Carlos Galindo, on suspicion of disorderly-conduct charges after they were accused of disrupting a news conference in a Senate hearing room.

Galindo, who was cited and released, was later prevented from attending the Appropriations Committee hearing.

Gallardo has filed a public-records request with Pearce's office for documents relating to the exclusion of anyone from the Senate. The Arizona Republic has filed a similar request.

"We're trying to find out where he thinks he gets this authority to ban people," Gallardo said. "We may disagree on many issues, but you don't bar someone because you don't agree with what they're saying."

http://www.azcentral.com/news/election/ ... rests.html

In a statement, Senator Pearce called Reza the "prime agitator."

The ring leader of a problem should always receive harsher punishments than the followers.

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