Thread: San Diego Minutemen wins back highway sign!!!

In a huge victory for the U.S. Constitution and for law-abiding American activists everywhere, Judge William Hayes ruled late this afternoon in a 34 page ruling that Caltrans absolutely violated SDMM's "free speech, equal protection, and due process" when they bowed to members of the Latino Caucus (Cedillo, Saldana, and Coto) by revoking our adopted highway permit on Jan. 28 without any warning or just cause.

Seven weeks after our hearing, Judge Hayes has ordered the immediate reinstatement by Caltrans of our AAH permit and our courtesy sign for our site on northbound I-5 near the San Clemente checkpoint!

The judge strongly ruled that there is an almost certainty of SDMM prevailing at trial on Constitutional grounds in his granting of the rarely-granted injunction. Our attorneys will now await Caltrans' decision whether they want to settle this case out of court or take it to a trial where the State of California would waste hundreds of thousands more tax dollars fighting against the U.S. Constitution and peaceful American citizens in Federal Court on behalf of the Mexican Government. Since they have been fighting us continuously for 5 months on behalf of Mexican "hecklers", it will be very interesting to see what they do next.

Meanwhile, we will be planning our next clean up at our original site soon! Hope to see you out there with us after this historic victory!!!

Special thanks goes to Howard Kaloogian, Bob Fuselier and David Hayek, our outstanding legal team who took on the state of California and the Mexican Government and WON!!!

Thanks also to everyone who donated to our legal fund to finance this fight and to others who helped our case in other ways! You guys are all our heroes!!! There is still hope for America! The lying, terroristic agents of the Mexican Government (Morones, Saldana, et. al.) have been taught a strong and costly lesson for them. We are not going to just roll over and let them colonize our state and our country with their illegal citizens and destroy our American freedoms and rights and the LEGAL immigration system that has made this country great! If they want to steal our country, they are going to have to fight us for it, and so far they have clearly shown they really don't want to take us on head on! Constant lies and coercion is all the criminal cowards can muster!

Foreign terrorists from ANY country will not prevail in America! Rejoice Americans, we are slowly winning this fight to keep our sovereignty!! Keep fighting!

Jeff Schwilk

Demanding Our Government Enforce our Laws Since 2005!

Oh my gosh!!!

Thank you Judge William Hayes for your ruling on behalf of 'law-abiding American activists.'

And thank you for the great news LawEnforcer!

A common sense, logical ruling -- not to mention a victory for free speech.

There still may be hope for California after
all.

Thank you judge and Thank You Minute Men & Women for standing up to the Mexican Bullies !

letter and article added to homepage

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

This is really wonderful news and I am so happy that a Judge was willing to make a stand for Americans and our constitution.

But, wasn't there an article on here last week that Caltran was thinking of suspending that program.....of course even if they do it is a win for our side, and this would really be the chicken way out if they did suspend it, it would also have great implications that they are being bought off or under threat from someone.

In a huge victory for the U.S. Constitution and for law-abiding American activists everywhere, Judge William Hayes ruled late this afternoon in a 34 page ruling that Caltrans absolutely violated SDMM's "free speech, equal protection, and due process" when they bowed to members of the Latino Caucus (Cedillo, Saldana, and Coto) by revoking our adopted highway permit on Jan. 28 without any warning or just cause.

Thank you Judge Hayes and thank you to everyone who worked so hard on this.

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.
http://tinyurl.com/4xh65s

Seven weeks after our hearing, Judge Hayes has ordered the immediate reinstatement by Caltrans of our AAH permit and our courtesy sign for our site on northbound I-5 near the San Clemente checkpoint!

The judge strongly ruled that there is an almost certainty of SDMM prevailing at trial on Constitutional grounds in his granting of the rarely-granted injunction

Finally, a judge who is doing his job by JUST interpreting the Constitution instead of TRYING TO REWRITE IT!!! Just when my confidence in the judicial process had reached an all time low, a judge comes along and restores some of that lost faith in the system.

Thank you Judge Hayes for a job well done!

Congrats to the Minutemen and keep up the good work!
GO MINUTEMEN!!!!!!!!!!