Wednesday, May 09, 2007

City sued for preventing Mexican flag-burning
Activist says authorities conspired to prevent his legal protests

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Posted: May 9, 2007
1:00 a.m. Eastern



© 2007 WorldNetDaily.com




A protester who alleges Tucson, Ariz., officials and police conspired with advocates for illegal aliens to shut down his free speech rights to symbolically burn a Mexican flag has filed a civil rights lawsuit against the city seeking $10 million "to deter other government officials from abusing" their powers.

The action was filed in U.S. District Court by Roy Warden, who has accused government officials in the area of helping illegal aliens because of the regional economy's demand for cheap labor.

The lawsuit seeks "redress for the negligent and intentional deprivation of the Plaintiff's constitutional rights … to speech, press, petition and assembly under the First Amendment of the Constitution of the United States."

He also is seeking damages for violations of his right "to be free of illegal seizures under the Fourth Amendment…, [as well as his right] to be free from malicious abuse of process and unlawful seizure as provided for by the Fourth and Fourteenth Amendments."

(Story continues below)


"This is part of the culture of corruption [around] illegal immigrants here," Warden told WND.

Among those named as defendants individually as well as in their official capacities are Tucson Mayor Bob Walkup and City Manager Mike Hein as well as several dozen others.

Tucson officials did not respond to a WND request for a comment on the action.

Warden's claim describes him as "an unpaid political activist working on behalf of the people of Pima County." He's also the publisher of Common Sense II and the director of the Tucson Weekly Public Forum.

He said he's spent four years investigating allegations of malfeasance of Pima County and Tucson City officials "who have used their public offices (1) to protect the financial interests of local contractors, etc., who now depend upon a continual flow of low cost Illegal Alien Mexican labor, and (2) to advance a left-wing political agenda, which includes but is not limited to the deliberate violation of federal immigration law, the flooding of the American Southwest with millions of Illegal Alien Mexicans, and the creation of a new empire called 'Aztlan.'"

He already had pending a lawsuit that alleged Pima County workers and superior court judges committed "a series of malicious, criminal and tortuous acts [in violation of his] right to engage in political communication within the public areas … of the Pima County Courthouse."

Warden said he protested an assembly in Tucson of 15,000 "Open Border Activists' advocating the elimination of the boundary between the United States and Mexico, and as a result was assaulted by several of the activists "in full view of Tucson police officers" and "KOVA News reporter Lorraine Rivera."

"That night, via a KVOA News interview conducted by Lorraine Rivera, Wade Colwell stated the purpose of his assault was to prevent Plaintiff and his supporters from engaging in political speech and the commission of symbolic acts protected by the First Amendment," Warden said.

He also has a DVD video recording "revealing Assistant TPD Police Chief [Kathleen] Robinson and other uniformed police officers aiding, abetting, and congratulating … activists, for the success of their assault … which did prevent Plaintiff and his followers from completing their speeches and committing the constitutionally protected symbolic act of Burning the Mexican Flag."

He also said his public address equipment he used for his "Public Forum" was confiscated and his literature destroyed, while Tucson police "stood idly by and did nothing to stop the assaults or to maintain public order."

During a subsequent "Forum" a "Chicano" student spat at one of the speakers, declaring, "This is not America! This is Mexico," Warden alleged. Protesters also barged into a roped-off area where he was planning a flag-burning, he said. But again, there was no police response to the accompanying vandalism of equipment and facilities, he said.

The result was that he was arrested on charges of intimidation, unlawful assembly and disorderly conduct counts, and while he was held in a cell in the Pima County jail, Hispanic deputies warned him, "We got Ramos and we'll get you!"

They apparently were referring to Ignacio Ramos. He and Jose Compean were serving as U.S. Border Patrol agents when they encountered a confessed Mexican drug smuggler. He fled, and the two officers fired at him as he escaped on foot into Mexico, leaving behind the 700 pounds of marijuana he had been hauling in a van.

However, federal prosecutors charged the officers with violating the smuggler's civil rights, and they now are serving 11 and 12 year sentences.

The city officials falsely arrested Warden, abused the judicial process and participated in a criminal conspiracy to deprive him of his constitutional rights, he said.

The appeal of his conviction, which is being handled by Gary Kreep of the United States Justice Foundation, cites challenges based on – among other issues-- a claim that an order Warden stay away from "public demonstrations" violates his First Amendment rights under the U.S. Constitution.

The ban on participating in such demonstrations "precludes Mr. Warden from exercising his own constitutional right to speak freely and express his opinion about current political issues… Civil rights demonstrators have practiced this principle since the birth of this democracy," the filing said.

"Mr. Warden has been singled out based on his political beliefs. Such blatant disregard for the United States and Arizona Constitutions should not be tolerated. This is the exact type of suppression of ideas that the First Amendment seeks to prevent," the filing said.




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Previous stories:

Arizona county helping illegals, critic charges

Illegal aliens in Arizona could do 6 months in jail

Law would make Minutemen guilty of 'domestic terrorism'

Volunteers 'with heat' to support National Guard

Satellites will help Mexicans sneak in

Mexican flag burning on Cinco de Mayo

Website targets racist Hispanics

Protests backfire!

Illegal-alien advocates play down Mexican flag

Bloomberg: Illegals needed to take care of golf courses

Activists working to 'paralyze' U.S.

Teen punished for U.S. flag flip

Marchers say gringos, not illegals, have to go

Illegals get Senate gift

Millions of illegals to become citizens?

Bush slammed for scant mention of border issues

Immigration emerging as next big issue

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Illegals crackdown 'too little, too late'

Highway sound barriers as border fences?

Chertoff declares: Expel all illegals

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Zogby poll: Americans fed up with illegal aliens

Americans urge: Defend the border!

Revolt begins against Bush push for illegals

Petition to Bush: No amnesty for illegals

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Illegals estimated to number 18-20 million

Bush snuggles illegal aliens

Online polls: No licenses for illegals

Voters approve new crackdown on illegals

3 million illegals to U.S. this year

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Study: Illegals cost U.S. $10 billion a year

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