FOR IMMEDIATE RELEASE
February 5, 2008

Howard Kaloogian, SDMM Attorney, 760-519-2393
Jeff Schwilk, SDMM Founder, 760-525-1655


San Diego Minutemen Files Lawsuit Against Caltrans
Complaint posted here: www.CivilLitigation.biz
 

The San Diego Minutemen filed a lawsuit in Federal Court yesterday in San Diego against the California Department of Transportation (Caltrans). The suit alleges discrimination and violation of the Minutemen’s free speech under the First Amendment and equal protection under the 14th Amendment of the U.S. Constitution

SDMM is asking for its original adopted highway back in Northern San Diego County.

Caltrans unilaterally revoked the 5 year permit granted last November and took down the San Diego Minutemen adopt-a-highway sign. That action granted open borders advocates a “heckler’s veto” to the SDMM’s right of free speech. It also is a direct violation of Due Process and Equal Protection for this pro-America political activist group.

Caltrans is now trying to cover their political decision by claiming that there is some sort of new danger to the public by our group’s volunteers cleaning that stretch of highway, even though it is located right next to a CHP Station. Caltrans is unable to back up these safety claims with any facts.

The Hon. Howard Kaloogian of Kaloogian & Fuselier, LLP in Carlsbad is the attorney representing the San Diego Minutemen in this complaint.

Mr. Kaloogian said “The name San Diego Minutemen on a Caltrans sign speaks volumes. It stands for secure borders and enforcement of our laws. By taking the sign down, Caltrans has granted a “heckler’s veto” to the open borders advocates. This action trampled on the San Diego Minutemen rights of free speech and equal protection. We are filing a lawsuit in federal court to protect the rights of the San Diego Minutemen and over turn this act of content censorship.”

He can be reached at 760-519-2393. Howard Kaloogian is a former State Assemblyman representing North San Diego County and chairman of the Recall Gray Davis committee.