SDMM Fights State of California

for Constitutional Free Speech Rights!

June 23 Update   SDMM DENIED ANOTHER ADOPTED HIGHWAY SITE ON I-5!!!

Caltrans has again blatantly discriminated against law-abiding American activists and LEGAL immigrants by denying a second highway on I-5 to SDMM.  SDMM was the first to apply for a new open site near Las Pulgas on May 15, but Caltrans moved Jobing.com from another nearby site to our site to block us.  When we confronted them with evidence of the scheme last week, the Director of Caltrans, Will Kempton shut then entire program down, resulting in millions of dollars of costs to CA taxpayers to clean the highways that will now be without adoptors.

Assemblywoman Lori Saldana, Sen. Gil Cedillo and the rest of their Mexican Caucua cohorts are obviously still giving orders to our state agencies under the direction of the Mexican Government.  Basically Mexico is deciding how and when the U.S. Constitution will apply to California residents!

Call Gov. Schwarzeneggar now and tell him to restore law and order in California!

916-445-2841

Call Sen. Mark Wyland:  916-651-4038

See shocking Mexican Govt. documents obtained in our Federal lawsuit case at the 'Adopt-a-Highway' tab on the left. 

June 10 Update 

Another Minuteman group adopts a highway!  The Minuteman Project recently adopted a 2 mile stretch of the 133 Freeway in Irvine!  Their sign is up.  This makes four groups now in the U.S. with adopted highways, three of them in California!  SDMM, Campo Minutemen, and now MMP.  The Rocky Mountain Minutemen also have an adopted highway in Grand Junction, CO.  The illegal alien activists are livid!  They can't stand it that Patriot groups stand for civic duty and community service while all they stand for is lawlessness, anarchy, and open borders! 

June 6 UPDATE  

Its been 4 weeks since the hearing with Judge Hayes in our landmark case of free speech, discrimination, and equal protection under the U.S. Constitution.  Judge Hayes is obviously taking this case very seriously and wants to get the wording of the ruling just right.

We expect he will issue his written ruling within the next week or two.  You will know when we know! 

Please Note:

We need donations to keep this critical Constitutional Case going!  The outcome of this landmark case will affect free speech for ALL Americans!

Please donate to our legal defense fund today by Paypal or check/money order to:

SDMM

3529 CANNON RD, 2B #429

OCEANSIDE, CA 92056 

Our first hearing took place today at the Federal Courthouse in San Diego.  About 15 American Patriots made it to the hearing on short notice when we found out it had been moved from 1:30 pm to 11.

The hearing went very well. Our attorney Bob Fuselier made excellent arguments to Judge Hayes that Caltrans has illegally revoked our 5-year permit from the I-5 location due to political pressure from Enrique Morones, the California "Latino Caucus" and other illegal alien activists. Apparently when Enrique threatened that our sign would be vandalized by law breaking illegal alien advocates, Caltrans used that threat to make our removal a safety issue. Proof of all this is contained in the depositions of Caltrans Directors Will Kempton and Pedro Delgado and in discovery provided by them. They are still hiding behind the false safety claim even though the state has never been able to provide one shred of evidence that there is anything about that location that makes it unsafe in any way. In fact, because there is a fully manned CHP station right in the middle of the 2-mile stretch of freeway, this is one of the safest stretches of freeway in all of San Diego County! Even the most radical illegal alien activist would think twice before committing unlawful acts within eyesight of the CHP station!

It all came out in the hearing and the judge seems to realize that this case has nothing to do with safety and everything to do with silencing a la raza manufactured controversy.

The judge will give his written decision in the coming days or weeks. We look forward to his preliminary decision and feel confident our case is rock solid as we move forward towards resolution and restoration of our Constitutional rights.

We'll let you know as soon as we get his decision.

Please help us fund this landmark case! Visit our website below to contribute to our legal defense fund.

Thank you America, for all your support! Together we will get back our stolen freeway and preserve our Republic!

Jeff Schwilk, Founder, SDMM
www.SanDiegoMinutemen.com
Education, Political Activism, American Civil Rights!


Anti-illegal immigration group wants San Diego highway sign
By ALLISON HOFFMAN
Associated Press Writer
SAN DIEGO --
When members of an anti-illegal immigration group offered to sponsor litter cleanup on local roads, they never imagined California officials would offer them an Adopt-a-Highway stretch near a Border Patrol checkpoint on Interstate 5, the main artery carrying illegal migrants north from the U.S.-Mexico border.


On Friday, lawyers for the San Diego Minutemen told a federal judge that the state had no right to rescind the offer after state legislators complained to the California Department of Transportation. The group asked that its blue Adopt-a-Highway sign be put back where it stood without incident for about six weeks until the agency removed it in January.

"We were moved to silence our message in response to pressure from the open border advocates and the Latino caucus," said Minutemen attorney Robert Fuselier. "It all comes down to one thing: We can't have our speech because if we do, people who don't like it might become unruly and unlawful."
Attorneys for the state contend the sign was removed because of concerns that demonstrators or vandals could create safety hazards for the 160,000 drivers who pass the checkpoint daily and for Minutemen volunteers collecting litter by the roadside.

The Minutemen have had a polarizing influence in San Diego the last several years, achieving hero status among advocates of tightening border restrictions and sparking outrage from immigrant groups who accuse members of harassing migrant workers.

State lawyer Jeff Benowitz told U.S. District Judge William Q. Hayes the Adopt-a-Highway signs amounted to a "thank-you" from the state, not political messages protected under the First Amendment. He said transportation officials planned to end all sponsorship of roads near Border Patrol stations, and had offered to re-assign the Minutemen to a two-mile stretch of state route in a less-trafficked area in eastern San Diego County.
Hayes asked whether the state would continue moving the Minutemen sign if protests followed it.
"It would seem you're saying you're allowing the people who are unhappy with the message to dictate who can be in the program," the judge said.

"We can do that," Benowitz responded. "It is not a public forum."

Courts have found otherwise. In 2005, the U.S. Supreme Court sided with the Ku Klux Klan after Missouri officials sought to bar the group from its Adopt-a-Highway program under a regulation prohibiting groups that deny membership based on race or with a documented history of violence.
State legislators, meanwhile, renamed the contested stretch of highway the "Rosa Parks Highway" in honor of the black woman arrested in 1955 when she refused to give up her seat to a white man on a city bus in Montgomery, Ala.

California assemblywoman Lori Saldana, D-San Diego, said she was considering legislation that would stop the transportation department from accepting new sponsorships until it develops standards governing who qualified to participate in the highway adoption program.
"We want them to say what constitutes a legitimate group," Saldana said after the hearing. "Do we want these people allowed on a highway near a security checkpoint?"

Police searched the home of San Diego Minutemen leader Jeff Schwilk in 2007 during an investigation into alleged vandalism at three migrant camps in San Diego's McGonigle Canyon. No members of the group were arrested.

"We are not a hate group," Schwilk said outside the courtroom Friday. "The open borders people have made it very clear that they don't want our participation anywhere in San Diego County."

He said neither the sign nor the group's litter cleanup activities created hazards during the six weeks the sign stood. Transportation officials granted the Minutemen a permit in November to pick up trash along the shoulder near where Border Patrol agents stop motorists and search for illegal immigrants in cars.

The Minutemen boasted on its Web site that it removed 15 bags of trash from the roadside on Jan. 17.
Hayes said he would issue a written decision on the matter, but it was unclear when.

SDMM Note: SDPD illegally searched the home of SDMM founder Jeff Schwilk on Mar 21, 2007, but they did so on a false affidavit and search warrant written by Detective Patrick Lenhart who is being sued personally by at least one other illegal immigration activist and has apparently been demoted for conspiring with illegal alien activist Claudia Smith in the persecution of several political activists. Smith herself is also being sued and investigated by multiple state agencies for various alleged crimes and misdeeds. This is all in the court records. Lenhart was also under political pressure to solve the "vandalism" case (apparently some migrant squatters who had been evicted from private property but refused to leave) and wanted to see what was Schwilk’s computer thinking maybe he knew who vandalized the camps (he didn't and told him so six weeks before the illegal raid). Lenhart perjured himself on the affidavit and got it sealed by Judge Smyth in collaboration with Deputy District Attorney Oscar Garcia. At an ex-parte hearing requested by Schwilk, Judge Fraser unsealed the affidavit and ruled it should never have been sealed in the first place. Then he ordered SDPD to return all of Schwilk’s seized possessions immediately. Schwilk filed a multi-million dollar claim against Lenhart, SDPD, and the city attorney's office for gross violation of his Constitutional rights. The city of San Diego has denied his claim, but he may still file a formal lawsuit against the city soon.



Lori Saldana would like to hear what we citizens think about her wanting to rewrite the U.S. Constitution to discriminate against pro-America political groups that she and Enrique oppose because we advocate the rule of law and secure borders. It appears the CA state legislature is infested with Anti-American activists who are willing to lie and fight for ILLEGAL aliens at the expense of the U.S. Citizens. They must be stopped before they turn our Golden State into a corrupt third-world crap hole!

619-645-3090 SD
916-319-2076 Sac.

See attached letter from the Latino Caucus to the Caltrans Director on Jan. 24th, 4 days before Caltrans revoked our permit without any warning or input from our group!