The Search for Parallel Justice in Costa Mesa

The trial for immigrant rights activist Coyotl Tezcatlipoca begins tomorrow in Costa Mesa.

Coyotl, a local resident and college student, was addressing a meeting at the Costa Mesa City Council last year when he was cut off by the Mayor, forcibly removed and beaten by police, and arrested. Mayor Allan Mansoor says he stopped Coyotl because he was violating a rule that forbids speakers from encouraging audience members to stand up – and Coyotl was asking audience members who disagreed with a proposal to force local police to enforce federal immigration law to stand up to show their numbers. Fair enough, right? Well… not exactly. That same evening, Minuteman Project founder Jim Gilchrist encouraged audience members who agreed with the proposal to stand up. And did Mayor Mansoor stop him? Not at all. In fact, video from the meeting (that was shot by a Minuteman supporter and then mysteriously removed from You Tube) shows the Mayor thanking Gilchrist for doing so!

It’s troubling enough that the Minuteman’s founder was allowed to address the Council in a way that an immigrant rights activist could not – and just as disturbing is the fact that Mayor Mansoor made up a rule that’s not even on the books. Belinda Escobosa Helzer, a staff member at the ACLU of Southern California, told me today that there is no rule, resolution or ordinance in Costa Mesa that prohibits a speaker from requesting audience members from standing in support of a statement. She added that in fact, it had become a generalized practice at these meetings.

The Orange County District Attorney rejected the charge of resisting arrest against Coyotl because there was no evidence that he resisted arrest and bounced the two municipal charges to the local prosecutor. Shortly after, the American Civil Liberties Union filed a civil lawsuit on Coyotl’s behalf, to insure that everyone have a right to exercise their first amendment, even when it means they are criticizing public officials. Shortly after the ACLU filed their suit, the Costa Mesa prosecutor proceeded with charges against Coyotl. Some have speculated that Mayor Mansoor needs a conviction in order to avoid costly and embarrassing political obstacles.

Coyotl’s first amendent right to free speech was violated by Mayor Mansoor, and his fourth amendment right was violated when police beat him. Yet tomorrow, he’s the one facing trial. I’m reminded that there are so many different systems of justice in this nation. One guarantees neo-nativists like Gilchrist right to speak freely at City Council meetings. Another stipulates that if you disagree with an elected official, you better shut-up or face insult upon injury.