ACLU alleges that Interstate Stream Commission attempted to bully concerned citizen into silence

ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico announced that it is defending Norman Guame, an environmental advocate, against a Strategic Lawsuit Against Public Participation (SLAAP) filed by the Interstate Stream Commission (ISC) in an attempt to intimidate and silence Guame. In 2001, the New Mexico legislature made it illegal to file a lawsuit seeking money damages against a person in retaliation for conduct or speech made in connection with a public hearing or public meeting.
Guame, a retired director of the ISC, filed for a temporary restraining order against the ISC after he became convinced that they had violated the New Mexico Open Meetings Act during their consideration of a controversial project to dam the Gila River to supply water for area agricultural and urban needs. In retaliation, the ISC filed a lawsuit demanding Guame pay more than $100,000 in damages that they allege the restraining order caused the ISC in associated fees and delays.

“Governments shouldn’t use the courts to bully concerned citizens into silence,” said ACLU-NM Cooperating Attorney Daniel Yohalem. “People in our country have a fundamental right to petition their government concerning matters of public importance. When the ISC files a lawsuit seeking exorbitant amounts of money in retaliation for the simple act of speaking out, it has a chilling effect on the ability of citizens to participate in public processes.”

The First Amendment of the United States Constitution establishes that citizens have a right to “petition their government for redress of grievances.” The ACLU of New Mexico holds that Guame was engaging in precisely this constitutionally protected speech when he successfully petitioned the court to temporarily restrain the Gila River Diversion Project until the ISC restored transparency to the planning process. The ACLU of New Mexico also holds that the subsequent counterclaim that the ISC brought against Guame is a SLAPP suit meant to retaliate for his engaging in this constitutionally protected activity.

“My actions have always been a good faith effort to hold the ISC accountable to the laws of our state and the best interest of the people of New Mexico,” said plaintiff Norman Guame. “It is wrong for the ISC to abuse the legal system in an attempt to intimidate me and other concerned citizens into silence.”

Read the ACLU of New Mexico’s filed response to the ISC SLAPP suit.

ACLU-NM Cooperating Attorneys Philip Davis and Daniel Yohalem represent the plaintiff in this case.
 
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Following the recent shakeup in the legislature, bills that would substantially undermine civil liberties in New Mexico now have a much greater chance of passing during the 2015 legislative session. The American Civil Liberties Union (ACLU) of New Mexico is gearing up to fight several threats to liberty this session:

Limitations on access to safe and legal abortions – We expect to see a host of bills de­signed to make it harder for women to access reproductive healthcare, including efforts to force young women to notify their parents before getting an abortion.

Restrictions on voting – Age-old efforts to make it more difficult for seniors, students and low-income New Mexicans to cast a ballot by requiring them to show a photo ID at the polls will likely have more traction this session than in the recent past. The ACLU of New Mexico stands ready to defend this most important of freedoms – the right to vote.

Increased criminal penalties and the creation of new crimes – We expect to see a slew of bills introduced that would create new crimes or increase criminal penalties that would chan­nel more New Mexicans into our already over-crowded prisons and jails. These efforts reflect tough-on-crime political rhetoric that is out of touch with public safety and sound public policy. The ACLU of New Mexico will work to defeat these bills and rein in our runaway criminal justice system.

Driver’s licenses for immigrants – Unlike many of its closest neighbors, New Mexico has a long tradition of maintaining a diverse and welcoming environment for all people who live in our state. We need to keep it that way. Unfortunately, changes in the legislature make vindictive efforts to strip away drivers’ licenses from hard-working immigrant families even more difficult to block than in past sessions.

In addition to fending off attacks on civil liberties, the ACLU of New Mexico will fight to push through bills that will make our criminal justice system more fair, just, and humane:

Solitary confinement – We are crafting a bill to dramatically limit the use of solitary confinement in New Mexico prisons and jails by banning the use of this inhumane practice on children and those with serious mental illnesses. This proposal would also ban the use of solitary confinement for periods over 15 consecutive days, for a maximum of 60 days in any calendar year.

Civil asset forfeiture – Right now, police in New Mexico can seize a person’s car or other prop­erty, sell it, and use the proceeds to fund their own budgets – all without ever even charging him or her with a crime. We’re working on a bill that would prohibit this grotesque abuse of police power.

SWAT deployment – Police often deploy heavily-armed SWAT teams to raid people’s homes in the middle of the night, often just to search for drugs. These militarized raids have led to unnec­essary deaths and destruction of property. We are working with legislative leaders to introduce a bill that would require law enforcement agencies in New Mexico to report when they deploy SWAT teams and provide justification for these deployments.

Marijuana legalization/decriminalization – Our country’s failed drug war has eroded civil liber­ties, exploded our prison population, and unfairly targeted communities of color. For these rea­sons, the ACLU will support efforts to legalize or decriminalize marijuana in New Mexico during the upcoming session.

ALBUQUERQUE, NM—Today, the American Civil Liberties Union (ACLU) of New Mexico responded to the news that the Albuquerque District Attorney’s Office will charge Albuquerque Police Department (APD) officer Dominique Perez and former APD officer Keith Sandy with murder for the March, 2014 shooting of homeless camper James Boyd. The following quote may be attributed to ACLU of New Mexico Executive Director Peter Simonson:

“The charges filed today against the officers who shot and killed homeless camper James Boyd are a sign that our city is no longer willing to ignore the use of excessive force against people in our community. Law enforcement officers have a difficult job, but they are not above the law. A badge is not a license to kill without consequence, and officers must be held accountable before the laws they are sworn to uphold.”
 

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