Thread: Judge orders Minutemen`s Adopt-A-Highway permit reinstated

OCEANSIDE: Judge orders Minutemen's Adopt-A-Highway permit reinstated
By CRAIG TENBROECK - Staff Writer | Friday, June 27, 2008 11:32 PM PDT ∞
OCEANSIDE ---- A federal judge on Friday ordered the state Transportation Department to let a controversial group of anti-illegal immigration activists pick up litter near a Border Patrol checkpoint.
In a 34-page order, Judge William Q. Hayes granted the San Diego Minutemen's request for a preliminary injunction that gives Caltrans 30 days to reinstate the group's Adopt-A-Highway permit for a 2-mile stretch of Interstate 5 near San Clemente.

The state also must restore the courtesy sign bearing the Minutemen's name, the judge ruled.

The judge's decision enables the North County group to once again pick up trash alongside the busy freeway while its lawsuit against Caltrans officials is pending.

"We expected that on all counts," said the Minutemen's attorney, Howard Kaloogian, when he learned of the judge's decision from a reporter Friday night. "This basically tells us that our case is solid and will probably win on the merits."

The state's Adopt-A-Highway program allows individuals, organizations and businesses to clean stretches of roadway that meet certain safety standards. The groups are recognized with simple roadside signs.

In November, Caltrans made national news when it granted the Minutemen, a group that has gained wide publicity for protesting day-labor hiring sites, permission to clean the northbound stretch of I-5.

Immigrant-rights activists and some state legislators complained. In January, Caltrans revoked the Minutemen's permit, citing safety concerns.

The agency offered to relocate the group to a less-visible stretch of Highway 52. Instead, the Minutemen sued to get the original site back. The group's attorneys accused Caltrans of caving to political pressure and violating its members' free speech rights.

In March, Caltrans removed that stretch of I-5 from the cleanup program altogether.

In granting the preliminary injunction, Hayes determined that the activists have a "high probability of success" on the merits of their First Amendment claim and said it was in the public's interest to grant the injunction.

Hayes said Caltrans' justification for revoking the permit was "not reasonable." There is "little, if any, evidence" that the Minutemen's participation would endanger the public, he said.

Caltrans attorneys had asked the judge to dismiss the Minutemen's lawsuit. While Hayes dismissed the agency as a defendant, he did not do the same for its top officials.

Caltrans officials could not be reached for comment late Friday. In a court hearing in May, Caltrans attorney Jeffrey Benowitz argued that because the Minutemen could apply to clean up any other stretch of road in the program, they "have been denied nothing."

Last week, Caltrans suspended all new Adopt-A-Highway applications. The agency announced that it was re-evaluating the program's guidelines.

Contact staff writer Craig TenBroeck at (760) 901-4062 or ctenbroeck@nctimes.com.





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Awesome news! Thank you for posting this article. We will homepage it and I will send a letter of congratulations for a hard fought victory for the San Diego Minutemen and Jeff.

W

Article and letter added to the homepage

http://www.alipac.us/article3313.html