Attorney requests delay for Acosta case

A protester who Costa Mesa officials say violated the city’s municipal code in January 2006 has waited a year and a half to face trial on the charges, and he’s likely to wait longer.

The trial of Benito Acosta, an Orange Coast College student arrested at a Costa Mesa City Council meeting last year, was set to start Wednesday, but the city prosecutor handling the case has asked for a 60-day delay.

Costa Mesa City Prosecutor Dan Peelman said Monday he requested the delay because until recently, he’s been on medical leave for a prolonged illness.

The court case stems from a Jan. 3, 2006, council meeting. Acosta, 26, was speaking at the podium about a plan to train city police to enforce immigration laws. He expressed his strong opposition to the plan and urged people who opposed the immigration plan to stand.

Mansoor told him to stop speaking because his time was up, and when Acosta — who also goes by the name Coyotl Tezcatlipoca — protested, several police officers removed him from the meeting.

The city pursued several charges against Acosta, including resisting arrest and battery of a police officer, but Orange County prosecutors in February refused to file the charges “in the interests of justice,” spokeswoman Susan Schroeder said at the time.

The remaining charges are municipal code violations relating to behavior during City Council meetings.

Efforts to reach Acosta were unsuccessful Monday, but he has said city officials violated his 1st Amendment rights by cutting him off before his time to speak was up.

“They’re trying to criminalize Mr. Acosta’s speech,” said Belinda Escobosa Helzer, an ACLU attorney representing him. “It’s very unusual that they would decide to bring criminal charges for a person exercising their 1st Amendment right at an open City Council meeting.”

The American Civil Liberties Union of Southern California also filed a civil suit against the city on Acosta’s behalf in March, claiming his civil rights were violated.

Peelman rejected Helzer’s arguments as having already been decided by the courts when she used them to try to have the case dismissed.

“She lost those absolutely, hands down,” he said.

Some have pointed out that even though Jim Gilchrist of the Minuteman Project, who praised the immigration plan, also asked supporters to stand during the 2006 council meeting, he wasn’t reprimanded by the mayor as Acosta was.

Peelman called that “a red herring that they are trying to use and say that somehow Mr. Acosta was treated differently. He was not, not at all.”

The maximum penalty for each count Acosta is charged with is six months in jail or a $1,000 fine, Peelman said.

“I think that it’ll be an interesting trial on the issue,” he said. “This phenomenon is happening throughout California — we are seeing where activist groups are disrupting city council meetings during the public address period.”

Costa Mesa is the only Orange County city Peelman serves, but he said he is not aware of any prosecutions on similar charges in San Bernardino or Los Angeles counties, where he also works.

Helzer said the case could silence others who disagree with the City Council.

“I think that the city’s decision to prosecute in this case really has a chilling effect on other residents who wish to express views that may not be in agreement with what the City Council members have in mind,” she said.