William Denis Fitzgerald, Gadfly Suing Board of Supervisors for Limiting Speech, and His Weekly Past

Categories: Court, Politics
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The American Civil Liberties Union (ACLU) of Southern California has filed a federal lawsuit in Santa Ana against the Orange County Board of Supervisors on behalf of an Anaheim gadfly who periodically turns up in OC Weekly.

Based on the struggles of William Denis Fitzgerald to speak at public meetings due to board-imposed time limits and censorship, his--and, by extension, the public's--constitutional rights are being violated, reads the complaint.

John Moorlach
The suit filed Wednesday in U.S. District Court in Santa Ana claims that while making public comments at Board of Supervisors meetings in Santa Ana on two occasions, Fitzgerald was silenced before his allotted three minutes of speaking time were up.

This was ensured, the complaint continues, by having an Orange County sheriff's deputy escort Fitzgerald out of the chambers in the first instance and stand next to Fitzgerald before Fitzgerald left the podium the second time.

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Janet Nguyen
On July 27, 2010, Fitzgerald appeared during the board's public comments time on behalf of his government watchdog group Anaheim H.O.M.E. (Homeowners for Maintaining our Environment). He criticized property tax decisions by the County Appeals Board as being unfair, but when he compared the Clerk of the Board, who runs the appeals board, to a commander of a concentration camp for following the orders of her bosses, he was silenced and instructed to leave the podium by a sheriff's deputy before his allotted time had expired, according to his complaint.

"Supervisors John Moorlach and Janet Nguyen scolded Fitzgerald for being impolite, expressed their opinion that he lacked credibility, and told him they were in a position of authority over him," claims the ACLU.

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Bill Campbell
Then, on Aug. 23 of this year, Fitzgerald, who was an Army infantryman for 11 years and served in Vietnam, was making the case that Vietnamese American Nguyen's 1st district needs more Latino representation. While saying Americans fought and died for the Vietnamese, and that the Vietnamese who fled to the U.S. after the fall of Saigon in 1975 were "cowards" who should have stayed to fight for their country, he was cut off before his allotted time was up by Supervisor Bill Campbell, according to the ACLU.

Campbell then threw it over to Nguyen, who berated Fitzgerald as a sheriff's deputy stood next to him. According to the ACLU, Nguyen called Fitzgerald's comments "appalling" and "wrong" and that he was "not allowed to criticize members of any communities coming to this country, this great country, for their freedom and democracy."

Fitzgerald left before Nguyen finished speaking, and his treatment by the board chilled him from appearing at another redistricting hearing on Sept. 6, according to the ACLU, which notes the board ultimately adopted 1st District boundaries that guarantee more Vietnamese American voters.

Nguyen, Campbell and Moorlach are specifically named in Fitzgerald's complaint, which seeks to change the board's "Rule 46 and Speaker Guidelines" to make it clear the board does not prohibit speakers from expressing their opinions, even if supervisors and others may disagree.

Meanwhile, Fitzgerald should be familiar to longtime Weekly readers as a gadfly who has managed to get under the skin of Disney, the AQMD, Anaheim City Hall, the Anaheim Police Department and the Anaheim Fire Department.

Consider:


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6 comments
mitch young
mitch young

"not allowed to criticize members of any communities coming to this country, this great country, for their freedom and democracy."Where there's something that Arellano and Nguyen agree on -- criticism of any immigrants as  a group, esp. non-white immigrants, is streng verboten in today's Amerika.

909Jeff
909Jeff

he compared the Clerk of the Board, who runs the appeals board, to a commander of a concentration camp for following the orders of her bosses

While saying Americans fought and died for the Vietnamese, and that the Vietnamese who fled to the U.S. after the fall of Saigon in 1975 were "cowards" who should have stayed to fight for their country

So where do you come down on this Coker?  Freedom of speach only protects the individual from being prosecuted for what they say.  There is no guarantee that you have to be heard.   Its obvious he wasted the supervisors time with nonsense.

Boom Boom
Boom Boom

Try again. Freedom of speech means you have the same opportunity to address your government at a public meeting just like everyone else, no matter what you say.

909Jeff
909Jeff

Some litigants have contended that the right to petition the government includes a requirement that the government listen to or respond to members of the public. This view was rejected by the United States Supreme Court in 1984:"Nothing in the First Amendment or in this Court's case law interpreting it suggests that the rights to speak, associate, and petition require government policymakers to listen or respond to communications of members of the public on public issues

909Jeff
909Jeff

Thats not what I'm advocating at all... But what purpose does it serve to stand in front of a city council and rant like a pissed off 8th grader.  If they did allow him to continue and took him seriously then we would be reading an article by gustavo that the council members were racist for allowing a blowhard to go on a racist rant unobstructed in a public forum. They did the right thing by booting this asshole and not lending any credibility to his crap.

It's not the city councils fault that this guy lacks tact and is unable to formulate an articulate argument.

Matthew T. Coker
Matthew T. Coker

So, let's have the deputy stand next to EVERY public speaker who is not a supervisor or land-developer contributor, and with a disapproving nod from a supervisor (preceding the one from the disapproving developer to the supervisor) have the taxpayer-funded goon manhandle the speaker and remove him/her from the chambers. God bless America!

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