REGION: Minutemen look to expand free speech lawsuit
By CRAIG TENBROECK - Staff Writer | Friday, September 19, 2008 11:48 AM PDT ∞

54 comment(s) Increase Font Decrease Font email this story print this story The Minuteman Adopt-A-Highway sign on the shoulder of northbound Interstate 5, north of Oceanside and just south of the Border Patrol checkpoint Wednesday. (Photo by Bill Wechter - Staff Photographer) An anti-illegal immigration group, the San Diego Minutemen, is trying to pull two Latino lawmakers into its legal clash with the California Department of Transportation.

Attorneys for the group have asked a federal judge for permission to expand their free speech lawsuit against the state agency. They want to add Assemblyman Joe Coto (D-San Jose) and state Sen. Gilbert Cedillo (D-Los Angeles) to the defendant list. They also want to ask for punitive damages, court documents show.

Minutemen attorney Howard Kaloogian, a former state assemblyman, accused the lawmakers Thursday of urging Caltrans to ban the group from participating in the state's Adopt-a-Highway program.

The Minutemen sued Caltrans in February after the agency revoked the group's permit to pick up trash along a stretch of Interstate 5, near the Border Patrol checkpoint. Caltrans also removed a courtesy sign with the group's name.

Kaloogian filed the request to amend the suit Monday in U.S. District Court.

"We have uncovered an active conspiracy to obviously deny our clients their constitutional rights," he said. "This deserves to be punished."

Coto and Cedillo, leaders of the state Latino Legislative Caucus, could not be reached for comment Thursday afternoon.

It will be up to Judge William Q. Hayes whether the Minutemen can file an amended complaint. A hearing is scheduled for Oct. 27.

When Caltrans revoked the permit, officials said the activists' presence along the busy highway could lead to vandalism or confrontations. The Minutemen accused the agency of bowing to political pressure.

In June, Hayes ordered Caltrans to replace the sign while the lawsuit was pending. There was "little, if any, evidence" it would endanger the public, the judge said.

If Hayes determines that the Minutemen can amend their complaint, the activists would claim damages "in excess of $50,000," court documents show.

The group also plans to allege that Coto and Cedillo worked with Caltrans to "silence the Minutemen's message and remove the Minutemen's presence from public view," court documents show.

The Minutemen point to a letter that the two lawmakers wrote to Caltrans director, Will Kempton, in January that said "the most prudent approach in avoiding any future violence and discrimination" would be revoking the Minutemen's permit and removing their sign.

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

Caltrans attorney Jeffrey Benowitz did not return a call seeking comment Thursday.

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




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