Thread: ACLU appeals Costa Mesa immigration case

Published: Dec. 1, 2010
Updated: 12:24 p.m.

ACLU appeals Costa Mesa immigration case

By JON CASSIDY
THE ORANGE COUNTY REGISTER
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COSTA MESA — Benito Acosta, the immigration activist who sued Costa Mesa over his ejection from a City Council meeting in 2006, filed an appeal Tuesday.
Acosta's civil rights lawsuit claiming discrimination was rejected by a jury in federal court in December 2009. Acosta is represented by the American Civil Liberties Union.

Benito Acosta was arrested by Costa Mesa police during this 2006 City Council meeting. He is filing an appeal in his lawsuit, which was rejected by a jury in 2009.

The city spent more than $522,000 defending itself, as well as some $40,000 in a failed attempt to prosecute Acosta on its own, after the District Attorney declined to file charges, citing the "interest of justice."

On Jan. 3, 2006, Benito Acosta, who goes by Coyotl Tezcatlipoca, took the podium during public comments at a Costa Mesa City Council meeting. He criticized a recent decision by the council to have an immigration officer work at the city's jail.

He called on his supporters to stand up, but Mayor Allan Mansoor cut him off. Acosta told the audience: "Do it! Do it!"

Mansoor declared a recess, and police went to the podium. After a minute of discussion, they dragged Acosta from council chambers.
Acosta's face and legs were bruised during the altercation, according to evidence presented at trial.

Acosta has accused the city of violating his civil rights by cutting his time short, and for refusing him the same consideration it had shown the other side.

A half hour earlier, Jim Gilchrist, one of the founders of the Minuteman Project, had said, "At the end of my speech I'm going to ask all the members of the Minuteman Project and the supporters to stand up rather than applause and make a lot of noise."

Mansoor approved of the idea, but a video camera recording the meeting does not show whether anyone stood, and Gilchrist did not call for anyone to stand up when he left the dais.

At a meeting a month earlier, Acosta had called the council members "(expletive) racist pigs," but at the Jan. 3 meeting, he did not shout or curse at the microphone.

Acosta is appealing the jury's decision to the Ninth Circuit Court of Appeals. His written arguments are due by May 9, 2011, and the city's arguments, a month later.

Contact the writer: jcassidy@ocregister.com or 714-796-7922

http://www.ocregister.com/news/acosta-2 ... uncil.html

At a meeting a month earlier, Acosta had called the council members "(expletive) racist pigs," but at the Jan. 3 meeting, he did not shout or curse at the microphone.

The only "(expletive) racist pigs" here are the ethno-centrists, Acosta and his raza supporters...

After his race rant about changing of the demographic...

His time was up, and he didn't want to leave the mic. The officers asked him to leave but he refused and kept saying, don't touch me. The people in the audience started calling the councilmen racists after they removed Acosta.

http://www.youtube.com/watch?v=X5ANH_Z0Uzc

I believe you can hear "your time is up sir" and "ordinance... conduct public hearing at 7 O'clock".

I believe he was also speaking during the study session and the "public will be given an opportunity to speak for one (1) minute on study session agenda items, which he went on for over 2 minutes.

Council Minutes for 1/3/2006
http://www.ci.costa-mesa.ca.us/council/ ... -01-03.pdf
"Mayor Mansoor recessed the meeting at 6:58 p.m."

Agenda for 1/3/2006
http://www.ci.costa-mesa.ca.us/council/ ... -01-03.pdf

Pretty clear someone can't follow the rules.

Dixie