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Latino activist Benito Acosta had more to say before he was interrupted and thrown out of a Costa Mesa City Council meeting in 2006, he told the jury from the witness stand Tuesday.

Acosta, who goes by the name Coyotl Tezcatlipoca, took the stand Tuesday in his federal lawsuit against Mayor Allan Mansoor and the city, claiming they abridged his 1st Amendment right to free speech when Mansoor recessed the meeting before the activist’s three minutes at the public dais were up.

A replay of the Jan. 3, 2006, council meeting was shown to the jury and dissected second by second.

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While Mansoor called for a recess to the meeting and police surrounded Acosta, Acosta could be overheard saying he wasn’t finished and had another question between other chatter.

Attorney Daniel Spradlin, representing the city, looked to establish that Acosta was done with his statement before the recess. He cross-examined Acosta about what he intended to say because he testified he was given specific instructions from his activist group to stick to the script from which he was reading.

Acosta could not provide a copy of his statement, but he assured the jury that he wanted to invite Mansoor and the council to open a dialogue with his group as well as apologize for his behavior at the previous meeting.

At that meeting, Acosta called Mansoor a “f------ racist pig” before leaving the dais.

At the January meeting, tensions were high for everyone in the Council Chambers, witnesses have testified. Mansoor cut off Acosta when Acosta called for those who opposed the city’s plan for immigration enforcement to stand. He continued urging them on as Mansoor called for them to stop, the video showed.

The city claims Acosta caused a disturbance and was justified in cutting him off and throwing him out.

Although the district attorney’s office declined to file charges, the city tried unsuccessfully to press charges.

Acosta, with the backing of the American Civil Liberties Union, claims that silently standing in support or opposition to council actions was never an issue before that Jan. 3, 2006, meeting.

Acosta is also seeking unspecified damages for the way he was treated after police carried him out of the chambers.

Video footage showed officers carrying Acosta into City Hall with one officer’s arm wrapped around Acosta’s neck.

Out of view from the public, Acosta told jurors, the police dropped him on his face.

Several photos displayed Tuesday showed that Acosta had various bruises, some yellow, some deep red, others fairly light on his wrists, cheeks, nose, neck and knees.

The injuries forced him to miss a substantial amount of work and go to rehabilitation, he said.

Doctors diagnosed Acosta with sprains to his wrist, back and area between his shoulders and neck. Spradlin did his best to cast doubt on the sprains, pointing out to the jury that doctors can base their diagnoses only on medical records and the patient’s complaints of pain.

Both sides said they will likely rest their case today. Mansoor is expected to testify.

Editor’s note: This article corrects an earlier version.


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