Fight still on against activist

Costa Mesa city prosecutors saw a glimmer of hope this week that they could still prosecute a Latino activist for allegedly disturbing a 2006 City Council meeting after the state Court of Appeals asked the activist’s lawyers to file a brief in response to the city’s claims.

In a court order issued in late November and received by attorneys this week, the state Court of Appeals ordered American Civil Liberties Union lawyers representing Latino activist Benito Acosta, who also goes by the name Coyotl Tezcatlipoca, to submit a response to Costa Mesa’s claim that the city prosecutor’s powers were misinterpreted by lower courts during the past year, resulting in legal setbacks for the city.

A three-judge panel in Orange County’s appellate court has repeatedly upheld a 2007 ruling by Judge Kelly MacEachern that dismissed the city’s misdemeanor charges against Acosta because the lawyer who filed the charges was not sworn in as a city prosecutor. Costa Mesa attorneys have maintained it was within city Prosecutor Kimberly Barlow’s power to appoint the case to another lawyer in the law firm Jones & Mayer.

Acosta was arrested during a Jan. 3, 2006, City Council meeting after he asked opponents of city legislation that encouraged local police to work with federal authorities in enforcing immigration laws to stand in a show of unity despite Mayor Allan Mansoor’s instructions to stop.

Acosta sued the city with the help of the ACLU soon after, claiming they violated his right to free speech. Successfully prosecuting Acosta on criminal charges that he disturbed the meeting might help the city defend itself in the civil suit.

Prosecutors hope that because the court of appeals — the last avenue to have their case heard — did not flat-out reject the case, perhaps court officials see some merit to their argument.

“It’s some indication that maybe there’s potentially an issue, and maybe they see something in it,” said Krista Jee, the Jones & Mayer attorney prosecuting the case.

The court’s order that the ACLU voice its argument does not necessarily mean the court will hear the case and make a ruling on the matter, Jee said. Attorneys won’t know for some time whether the court will hear the case, she added.

Acosta’s attorneys have until Wednesday to submit their side to the court. ACLU officials were not immediately available to comment.

JOSEPH SERNA may be reached at (714) 966-4619 or at [email protected].