Benito Acosta’s trial pushed to October

The trial for a federal lawsuit a Latino activist filed against Costa Mesa accusing city officials of violating his 1st amendment rights has been rescheduled for October from its original date next month, lawyers said Friday.

The lawsuit filed by Benito Acosta, also known as Coyotl Tezcatlipoca, with the backing of the American Civil Liberties Union, claims Costa Mesa Mayor Allan Mansoor hindered his right to free speech when he cut him off during public comments at a Jan. 3, 2006, City Council meeting.

The lawsuit looks to be the final chapter in an incident that has cost the city substantially.

At the 2006 meeting, Acosta was railing against Mansoor and other council members over their support for legislation that aimed to have Costa Mesa police enforce federal immigration laws. Acosta called for his supporters to stand, and that’s when Mansoor quickly recessed the meeting before Acosta’s time was up at the podium. A jury could have to decide whether Mansoor was allowed to do that.

Since the meeting, the city’s numerous attempts to charge Acosta criminally for disturbing the meeting have been derailed. First, the charges were dismissed on a technicality, and since then, appeals to the higher courts have been unsuccessful.

The city must now defend against Acosta’s countersuit in federal court, now scheduled for Oct. 13 in Santa Ana. The trial was pushed back because several witnesses are unavailable next month, according to court documents.

— Joseph Serna