To the
ValleyVote pageFOR IMMEDIATE RELEASE Monday, July 20, 1998
LOS ANGELES -- Volunteers seeking to gather signatures for a petition to study the feasibility of creating a San Fernando Valley city separate from Los Angeles were denied access to the Van Nuys airport last weekend.
At a news conference today at Van Nuys airport, the American Civil Liberties Union of Southern California said that it would file a lawsuit unless city officials agree to drop the ban on petitioners at city-operated airports. Airport police concede that the volunteers created no disturbances and did not disobey police orders.
The denial of access to areas within a public airport is a clear violation of both the federal and state constitutions, the ACLU said. Courts have repeatedly found that under California law, public transportation facilities such as airports and train stations must be held open to core political activities.
"Petition gathering deserves the highest protection under the First Amendment to the U.S. Constitution and the California Constitution," said Elizabeth Schroeder, Associate Director of the ACLU of Southern California. "Airport officials struck a double blow when they refused access to the Valley VOTE volunteers."
The ACLU has taken no position on the issue of Valley secession, Schroeder noted. "The issue is not which side is right on the merits of secession," she said. "It is, rather, the right of people to be heard by their government."
Suit was filed on August 17, 1998 on behalf of Valley Vote, which was denied access to a public area to gather signatures on a petition drive apparently in violation of the First Amendment and the California Constitution’s Liberty of Speech Clause. Valley Vote was denied the ability to gather petition signatures at the City-sponsored Van Nuys air show on the weekend of July 18, 1998. Valley Vote is trying to gather signatures in order to initiate a feasibility study of Valley "secession" under the Government Code provisions concerning local government reorganization. The ACLU suit sought injunctive relief to prevent the city from taking further steps to impede signature gathering and damages as determined by the court to allow Valley Vote to hire signature gatherers to collect the number of signatures it estimates it would have abtained at the annual airport Air Show. On August 24, 1998 the state legislature granted Valley Vote three more months to gather petitions; the bill is awaiting the governor's signature. The suit was favorably settled in October, 1998 [With the city paying ValleyVote $50,000 and he ACLU leal fees].
FOR IMMEDIATE RELEASE Monday, August 17, 1998
LOS ANGELES -- The ACLU of Southern California today filed a federal lawsuit against the City of Los Angeles and the manager of the city-owned Van Nuys airport for discrimination against a San Fernando Valley group seeking signatures for a petition to initiate a study on the creation of an independent city in the San Fernando Valley.
The ACLU lawsuit -- Valley Vote v. City of Los Angeles -- was filed on behalf of Valley Voters Organized Toward Empowerment (VOTE) and one of the members of its executive committee. It charges that city employees impeded the group's efforts to collect signatures at several locations including a well-attended air show.
The ACLU says that these actions violate both United States and California constitutional guarantees of free political speech in public places and also show a pattern of discrimination against Valley VOTE and are not just isolated actions taken by errant city employees.
"The ACLU is committed to the promise of free speech and freedom to petition," said ACLU attorney Peter Eliasberg. "And freedom of petition means most of all, freedom from government interference.
"In this case the issues are clear, in fact the Los Angeles City Council already admitted that the city was wrong when it barred Valley VOTE from the air show," Eliasberg added. "This suit seeks to protect Valley VOTE's right to free expression and to ensure that it is compensated for the efforts and monies it must expend to try to recover from the damage caused by the city's denying it the ideal opportunity to exercise its First Amendment rights."
The lawsuit seeks injunctive relief to prevent the city from taking further actions to impede signature gathering and damages as determined by the court to allow Valley VOTE to hire signature gatherers to collect the number of signatures it estimates it would have obtained at the annual air show, which, the complaint notes, is the largest annual event held in the San Fernando Valley.
The California Government code requires Valley VOTE to gather the needed 25 percent of the registered Valley voters, approximately 135,000 valid signatures, by August 27 to initiate a feasibility study on city-hood which is the first step toward putting the issue before the voters. Plaintiffs charge that city interference impeded their efforts in this regard, forcing them to take legal action.
At a number of events held in city-owned facilities, city employees tried to interfere with Valley VOTE efforts to gather signatures and engage in other speech activities, which plaintiffs charge is a direct violation of constitutional rights. The most blatant incidents occurred the weekend of July 18 and 19 at the Van Nuys airport.
Over the July 18-19 weekend, numerous Valley VOTE volunteers tried to enter the air show, but were denied entry by city employees. One volunteer was ejected after entering the event and getting more than 80 signatures in about one hour. Valley VOTE estimates that it would have been able to collect at least between 15,000 and 25,000 signatures at the air show based on the number of petition gatherers available and the 250,000-person-strong audience.
The ACLU emphasized that it takes no position on the issue of San Fernando Valley city-hood. Representation of Valley VOTE is based solely on the ACLU's continuing commitment to defend the free speech provisions of both United States and California Constitutions, which ensure the right of individuals to engage in all speech, including political speech, in a public area.