Acosta loses civil case

Costa Mesa Mayor Allan Mansoor did not abridge a Latino activist’s right to free speech at a January 2006 City Council meeting when he cut off the activist’s time at the dais before he said he was done, a jury of eight found Monday.

In no more than an hour of deliberating on 38 instructions, the jury determined that Mansoor did not impinge Benito Acosta’s right to free speech at the meeting, nor was the city responsible for any injuries that he sustained during his subsequent arrest.

“Today, free speech was upheld, and disruptive behavior was put in its place,” Mansoor said in an e-mail.

Acosta, 28, who goes by the name Coyotl Tezcatlipoca, spoke out against the city’s plan to have local police enforce federal immigration laws. Acosta accused Mansoor and Councilman Eric Bever of targeting the Latino community and had called Mansoor an “[expletive] racist pig” at the previous meeting.

“We hope the fact that we took this case to a jury trial in and of itself is a message to the city of Costa Mesa that they need to look at their ordinances that prohibit speech at a council meeting, and look at a lack of training for the mayor and the police officers who have the obligation to enforce those parts of the municipal code,” said Belinda Escobosa Helzer, one of Acosta’s attorneys with the American Civil Liberties Union. “We’re disappointed with the verdict but happy we had our day in court.”

The city initially contested that it had a right to cut off Acosta’s speech because he caused a disturbance under city law. During his remarks, Acosta turned and asked those who supported his criticisms to stand. Mansoor objected and then called for a recess as Acosta continued to urge the crowd.

Minutes later, video from the meeting shows police carrying Acosta out of the chamber. Video footage screened during the trial showed officers carrying him into City Hall, where they cuffed him. One of the officers had his arm around Acosta’s neck. Acosta’s attorneys showed photos of Acosta’s bruised face and legs.

Acosta was seeking unspecified damages, and Helzer said the ACLU will review the case and consider appealing the verdict.

Unless there is an appeal, this five-minute-or-so incident nearly four years ago, which has cost the city more than $500,000 to fight in both criminal and civil court, appears to be over.

The city’s criminal misdemeanor charges against Acosta fizzled out. The attorney who filed the charges against Acosta was not sworn in as an official city attorney, leading the judge to throw them out. Appeals to the local and state court were unsuccessful.

Local observers noted that without a criminal conviction showing that Acosta was causing a disturbance, his case was strengthened going into federal court. However, the jury’s decision proved them wrong.

Dan Spradlin, who argued for the city during most of the trial, was not immediately available for comment.