Sunday, May 05, 2013

Benito Acosta Is Still There!

Do you remember how difficult it is to get a wad of gum off the sole of your shoe?  No matter how hard you try to scrape it off, it just stays stuck down there.  It's a distraction that seems to never go away.  That pretty much describes Benito Acosta.  I've written about him many times on this site.  You can do a search using the search box at the top of the page if you're interested.

You will recall that early in 2006, shortly after then-mayor Allan Mansoor announced his plan to install ICE agents in our jail to facilitate the extraction of illegal aliens (we can't call them that anymore, can we?) from our society and send them back from whence they came, Benito Acosta stepped to the speaker's podium to address his grievances with the city council.  You can watch the entirety of that encounter - including him being dragged from the chambers and the subsequent raucous singing and chanting that followed, in the 5:07 YouTube video clip below.  Be sure to look for a prominent Republican - head of the Costa Mesa Republican Assembly - "singing" at the top of his lungs, trying to shout down the others right at the end of the clip.


This case has been processed through the courts for many years.  You may recall that last September, HERE, we discussed the previous court ruling where it decided that the word "insolent" needed to be stricken from our Municipal Code Section 2-61.  We made light of it at the time.

Friday, May 3rd, the 9th Circuit Court of Appeals ruled yet again on this case.  This time, though, they ruled that the entirety of Section 2-61 is unconstitutional, but that then-police chief John Hensley and the other officers involved were correct in removing Acosta from the council chambers because of the disturbance he was causing.

You can read a summary of this decision from Courthouse News HERE and the full decision from the 9th Circuit Court of Appeals HERE.

I immediately contacted Costa Mesa Chief Executive Officer Tom Hatch when I saw this ruling and asked for his comments.  Because this ruling was brand new, and he had not yet had a chance to consult with contract City Attorney Tom Duarte, he was unable to provide me with a comment.  When they do comment I'll report back.

TEXT OF 2-61
Here is the text of the section of our Municipal Code that is apparently unconstitutional based on that court decision: (click on the image to enlarge for easier reading)

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Anonymous sticks and stones said...

times have changed. for the last two plus years council has been at the mercy of insolent speakers, homeless guy songs,etc. all is fair now. at least the public recognizes who the fools are by their attitudes.

5/05/2013 07:15:00 PM  
Anonymous Fashionista said...

Speaking of annoying people, notice that Riggy, Mensy, and Jodi Arias all wear the same type of glasses these days. When will Fitzy and the paralegal get theirs?

5/05/2013 09:12:00 PM  
Blogger Gericault said...

Phil Morello screaming the words "God, Bless, and America", at the top of his lungs with a hateful vengeance sums up the Republicans stance on immigration.

5/06/2013 07:01:00 AM  
Blogger Flo Martin said...

Sticks and Stones writes that the "council has been at the mercy of insolent speakers..." Actions speak louder than words, my friend. Residents of Costa Mesa have been at the mercy of the three men who comprise the majority of the council. Their actions and votes have been flipping the proverbial middle finger at us all.

5/06/2013 08:30:00 AM  
Anonymous West is an angry imposter said...

Geoff, I thought you were a Republican? God Bless America

5/06/2013 08:47:00 AM  
Anonymous theyve destroyed my city said...

Wow, the costa mesa municipal code is unconstitutional? (sarcasm). Residents and business owners alike need to start questioning the costa mesa municipal code. Ive heard small business owners are getting picked on for little things such as too much window advertising.

I strongly recommend anyone who receives a code enforcement ticket to pay the $25 and go to the real courthouse and let an actual judge hear your case.

5/06/2013 01:42:00 PM  
Anonymous God Bless America said...

flo, are u on any committees? haha keep applying! it's fun
time to start some trouble

5/06/2013 07:27:00 PM  
Anonymous Goals said...

Yeah Flo, time to get on some committees like the overachievers Fitzy, Mensy, and Mora. These are people every child in the city can look up to and emulate. Forget your silly "books," and "ideas."

All people really need are a spouse with a good job, a football, and a golf cart.

5/06/2013 09:12:00 PM  
Anonymous Improving the Lineup said...

Dear Jimbo,
Any way we can trade Phil Morello for guitar player Tom Morello?

5/06/2013 09:17:00 PM  
Anonymous frog hunter said...

flo: we are at the mercy of council because the residents voted them in. you, eh, no such thing. we just have to put up with it and the other lilypad sitters. ribbet

5/07/2013 09:50:00 AM  
Blogger Flo Martin said...

The voters of CM who gave Monahan his seat numbered fewer than 200 out of the 86K who voted. That's not exactly a mandate! And...Monahan has been a councilperson for 18 years! Whazzup wid dat? Term limits, anyone???

God Bless America, how do you know that the council rejected my app to serve on a city commission? You must be an insider, right?

5/08/2013 11:55:00 AM  

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