[ACLU-NM] Corrales Mayor Settles Civil Rights Lawsuit; ACLU Claims "Justice Restored"

[Kimberly Lavender]

~ ACLU-NM NEWS RELEASE ~



For Immediate Release

July 26th, 2004



Contact:        Peter Simonson, ACLU-NM Executive Director, 266-4622

                        Hope Eckert, ACLU-NM Cooperating Attorney, 764-8587



Corrales Mayor Settles Civil Rights Lawsuit;
ACLU Claims “Justice Restored”


Albuquerque—Today the ACLU of New Mexico settled legal claims against Gary
Kanin, Mayor of the Village of Corrales, for violating the free speech
rights of Corrales resident Steve Simmons.  During a Village Council meeting
late last April, Mayor Kanin prohibited Simmons from reading a prepared
statement that criticized Kanin’s decision to run for Sandoval County
Commissioner and his announcement that he would not relinquish his mayoral
post if he were elected to the commission.  The Mayor summoned a police
officer to escort Simmons from the podium.  His actions drew censure from
fellow council members.  In two separate letters, the ACLU called upon the
Mayor to make a public apology, but to no avail.



“When the Mayor refused to make an apology, we were forced to bring a
lawsuit to set things right,” said Peter Simonson, Executive Director of the
ACLU of New Mexico.  “The lawsuit was simply a tool to remind the Mayor of
the primacy of the First Amendment over his executive power.”



Although the Mayor still has not apologized for the incident, ACLU Attorney
Hope Eckert feels that the lawsuit accomplished what the ACLU and Simmons
intended.  “Since the incident with Mr. Simmons, people have gotten up to
speak in the Village Council meetings and voiced even more critical opinions
about the Mayor Kanin than what Mr. Simmons attempted to express.  The Mayor
has refrained from trying to silence them.  Combined with the fact that he
moved to settle the lawsuit very quickly, it appears that the Mayor heard
our message loud and clear.  Justice has been restored.”



The settlement agreement will pay Simmons’ attorney’s fees as well as a
symbolic amount of $750 in damages, which Simmons intends to donate to the
ACLU and the Village of Corrales.  The latter is earmarked for the Bosque
Commission and fire protection in the Bosque.  Simmons also plans to address
the Mayor and Village Council at their July 27th meeting.



“Since the Mayor did not have to courage to publicly admit his error,”
Simmons said, “I want to establish at the Council meeting that nothing like
this should ever happen again.  The U.S. Constitution is the highest law of
the land.  The mayor’s primary obligation as a public servant is to uphold
that law, even if it means exposing himself to unwanted public criticism.”



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Kimberly Lavender
Public Education Coordinator, ACLU-NM
PO Box 80915
Albuquerque, NM 87198
www.aclu-nm.org




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