Civil rights suit against police continues

Deepa Bharath

NEWPORT BEACH -- Heidi and Douglas Billings don’t have much in common

with Dennis Rodman.

There’s just one similarity -- they too are embroiled in a legal

battle with the city over a lawsuit that involves noise.

Their civil rights complaint will be heard before a federal judge

because it alleges police officers falsely arrested the couple under

suspicion of violating the city’s noise ordinance, which is in the

process of being revised to make it even stricter.

The legal battle, which has dragged on for more than four years,

started in May 1997, when Newport Beach police went to the Billings’ home

in the 100 block of 40th Street to disrupt a “loud party,” according to

the complaint.

The residents were arrested according to the provisions of the

existing noise ordinance, which city officials say does not clarify that

noisemakers could face criminal charges after a police officer has issued

a warning.

The complaint in question states that Newport Beach Police Officer

Stewart Grecco arrested Heidi and Douglas Billings without a warrant and

subjected them to “physical and emotional injury.” Grecco is now a

detective with the Newport Beach Police Department.

Police later said the arrest was made for violation of the city’s

noise ordinance, said the Billings’ attorney, Joel Baruch.

“The police have never arrested Rodman despite all the problems

they’ve had with him,” he said. “My clients are a normal, middle-class

family. They have never been arrested before.”

The pending amendment to the ordinance, which is scheduled to be voted

on again by the City Council on Tuesday, was prompted by Rodman’s

infamous May 12 birthday bash. It seeks to make it illegal for any person

or property owner to willfully make noise, “including but not limited to,

yelling, shouting, hooting, whistling, singing, playing music, or playing

a musical instrument, which disturbs the peace . . . after a peace

officer has first requested that the person cease and desist from making

. . . noise.”

Rodman received 14 disturbance advisory cards between 1999 and 2000

and has paid $8,500 in fines.

Assistant City Atty. Dan Ohl said the city believes the”officer’s

actions [in the Billings’ case] were reasonable under the circumstances.”

Ohl pointed out that the term “battery” could mean one person touching

another without his or her consent -- not necessarily striking or

hitting.

Heidi Billings, “in her own deposition, said police didn’t hit her

with a baton as mentioned in her initial complaint,” he said.

In November 1997, the City Council rejected both Heidi and Douglas

Billings’ claim for damages -- $150,000 and $25,000, respectively.

The lawsuit states that “Grecco grabbed Heidi Billings from the back

and put her in a wristlock causing her to cry out in pain.”

Baruch said the officer’s actions exacerbated Billings’ health

problems. He said she was suffering from lupus and arthritis at that

time.

Baruch said the Billings had taken measures to ensure the party was

not noisy. He said they soundproofed their patio and that the police

action was unwarranted.

The case was scheduled to go before a federal magistrate Monday, but

the court on Thursday postponed the hearing for unspecified reasons. A

new court date has not been set.

Heidi and Doug Billings declined to comment, but Baruch said his

clients are “resolute” and want to pursue the matter to the end.

“This is not about money,” he said. “It’s a violation of personal

rights, and it’s really important to them.”