OCEANSIDE: Minutemen expand legal fight over highway cleanup

Judge allows group's request to add two lawmakers to lawsuit

By CRAIG TENBROECK - Staff Writer | Tuesday, November 25, 2008 8:01 PM PST


The San Diego Minutemen has pulled two Latino lawmakers into its legal clash with the California Department of Transportation, alleging they were part of a conspiracy to keep the anti-illegal immigration group out of the state's Adopt-A-Highway cleanup program.

Federal Judge William Hayes approved the Minutemen's request Monday to add Assemblyman Joe Coto, D-San Jose, and state Sen. Gilbert Cedillo, D-Los Angeles, as defendants in the free-speech lawsuit.

The Minutemen also will be allowed to seek punitive damages, Hayes said in a written order.

Coto and Cedillo are leaders of the state Latino Legislative Caucus. They did not return calls Tuesday.

The Minutemen sued Caltrans and its top officials in February after the agency revoked its permit to pick up trash along a two-mile stretch of Interstate 5, near the U.S. Border Patrol's San Clemente checkpoint.

Immigrants rights groups objected to the Minutemen's presence there, and Caltrans officials said they feared vandalism or confrontations.

The agency offered to move the activists to a remote location near Santee, but the group rejected that offer.

The Minutemen's attorney, former state Assemblyman Howard Kaloogian, said Tuesday that Cedillo and Coto played a role in the revocation.

"They have a political base and they seek to impose their political agenda," Kaloogian said. "And that's not right. You cannot deny constitutional rights based on political favor."

Court documents show that the lawmakers sent Caltrans Director Will Kempton a letter in January that said "the history of discrimination and violence by the Minutemen is enough evidence to permanently ban this organization from ever participating in the Adopt-A-Highway program."

Minutemen founder Jeff Schwilk has denied that his group advocates violence or discrimination.

The Minutemen won an early court victory this summer, when Hayes ordered Caltrans to replace the Minutemen's permit and sign, pending ongoing litigation. The judge said there was "little, if any, evidence" that would endanger the public.

The Minutemen allege in the revised complaint that Caltrans did more than revoke its permit. The agency also improperly denied the Minutemen's application to clean a different stretch of Interstate 5, the complaint states.

It is unclear how much money the group is seeking. While the complaint estimates damages "in excess of $50,000," Kaloogian said it will likely be much higher.

"What is the First Amendment worth?" he said.

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

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