U.S. District Judge Frederick Martone dismissed a lawsuit by activist, Salvador Reza, against former Arizona Senate President Russell Pearce, in which it was alleged that Reza was Pearce illegally barred from the Senate buildings.
Judge Martone ruled that Reza was properly barred from the Senate buildings. The judge wrote on his decision that “failed to produce any evidence to support his claim that his rights were violated because of his Mexican ancestry or political viewpoint.”
The judge also deemed Pearce’s actions appropriate and reasonable given Pearce’s role in maintaining decorum in the Senate.
Reza filed the suit after Pearce had Reza and others removed from the Arizona Senate building by Capitol Police. Reza lead a disruptive group while immigration bills were being discussed. Capitol police identified Reza as a leader and arrested Reza for trespassing.
In his ruling in Reza v. Pearce et al, Judge Martone cited other cases which held that the “Courts have consistently held that a legislative body’s restriction of the public to maintain order and decorum is constitutionally permissible, and thus reasonable. ‘This necessarily include[s] the authority to remove an unruly or disruptive member of the audience ‘to prevent his badgering, constant interruptions, and disregard for the rules of decorum.’”
The judge wrote, “The undisputed facts show that Pearce instructed Trapp to identify all individuals in the overflow room who were disruptive, making no distinction between supporters and opponents of the legislation. Pearce submits the affidavits of Senate Sergeant-at-Arms Joe Kubacki and Arizona Department of Public Safety Sergeant Jeff Trapp attesting that plaintiff was disruptive during the hearing. Therefore, Pearce believed that plaintiff was one of the disruptive members of the crowd.”
The judge also points to the “tense atmosphere at the Senate building on February 22, 2011, the arrest of protestors earlier in the day, Senator Sinema’s expressed fear surrounding the level of protests, as well as the shooting of 18 people at a political rally in Tucson, Arizona just six weeks earlier, provided an objectively reasonable basis for Pearce to conclude that action needed to be taken to protect and preserve safety and decorum in the Senate building.”
Reza Pearce, alleging his First Amendment rights of freedom of speech, assembly, association, ability to petition and communicate with his elected representatives, as well as his due process and equal protection rights were all violated.
Judge Martone concluded that “Pearce acted in an objectively reasonable manner when he issued the order excluding from the Senate Building those individuals who had been disruptive at the February 22nd meeting. If plaintiff was mistakenly targeted as a disruptive member of the crowd, “that was unfortunate, but it did not violate the First Amendment.”
The Arizona Latino Republican Association (ALRA) endorsed Pearce in the 2012 Republican Primary, saying that his candidacy was “in solidarity with the conservative mission as stated in ALRA’s defining philosophies.” ALRA is the largest Latino Republican group in Arizona. Pearce was unsuccessful in his 2012 bid for the Senate.