Attorneys for Acosta Say Law Stifles Freedom

Attorneys for Santa Ana City Councilman John Acosta, who is accused of violating a city law prohibiting the council from interfering with administrative appointments, said Thursday that their client’s freedom of speech is being violated by the ordinance.

In a written response to the Orange County district attorney’s allegation against Acosta, attorney William J. Kopeny argued that the city law Acosta is accused of violating encourages “discriminatory enforcement.”

“If the city manager or his staff wishes to have a conversation about any administrative employee, the mere expression of any opinion by a member of the City Council could be misused by his political enemies on the council to initiate a prosecution,” Kopeny said in his response.

“Politicians, who express opinions on city business by profession and as of right, should not be subject to such arbitrary or discriminatory criminal prosecution based on something so vague as the allegations in this case,” Kopeny said.

Deputy Dist. Atty. Wallace J. Wade said Thursday that he could not comment on the response because he had not seen it.

The district attorney’s office had filed the misdemeanor charge against Acosta in January. The complaint alleges that Acosta forced the removal of a city administrator in 1989.

Wade said Acosta violated the city charter’s separation of powers clause, which states that it is illegal for council members to “direct, request or take part in the appointment or the removal of an officer in the administrative branch of the city government.”

Acosta pleaded not guilty in February to the charge.

If convicted, Acosta could face a maximum six months in jail or pay a $600 fine. There are no provisions in the city charter that would require Acosta to step down as councilman if found guilty.