FOR IMMEDIATE RELEASE DATE: Tuesday, December 5, 2006 CONTACT: Whitney Potter, Communications Manager, ACLU-NM PHONE: (505) 266 5915 ext. 1003 or (505) 507 9898 (cellular)
ALBUQUERQUE, NM—The American Civil Liberties Union of New Mexico announced it would take legal action against an Albuquerque homeowner’s association if it made good on a threat to fine an Albuquerque couple for projecting a sign that said “Impeach Bush” on the side of their home. The Seven Bar North Homeowner’s Association told Roberto and Linda Vasquez their sign violated a restrictive covenant implying a possible fine.  Since the couple began displaying the sign on their home in late August the sign has been shot at with firearms, neighbors have verbally assaulted the couple regarding the political message of the sign, and other neighbors have attempted to photograph the sign while trespassing on the Vasquez’s property.
“The Vasquezes continue in their desire to be good neighbors in Seven Bar North, but they refuse to relinquish their right to free speech,” said Nancy Hollander, ACLU-NM Cooperating Attorney.
The Vasquezes use a device to project the 3x3 foot message on their home that reads “Impeach Bush.”  Other homes in the neighborhood use similar devices to display holiday-related messages, such as “Happy Halloween.” Campaign signs were also prominently displayed last fall prior to Election Day.  The ACLU of New Mexico is not aware of any violation being issued against the owners of these homes.
“This disparate treatment ofthe Vasquezes raises serious concerns that the Homeowner’s Association is trying to stifle protected speech because it doesn’t like the political opinion being expressed,” said Peter Simonson, executive director of the ACLU-NM.

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Albuquerque, NM—U.S. District Court Judge William P. Johnson ruled that the city of Albuquerque may not discipline local police and firefighters for participating in an annual charity boxing event this weekend. Judge Johnson deemed the threats and actions by Albuquerque Mayor Martin Chavez to reprimand or terminate officers for participating in the event violated their constitutional rights.
“The ruling strongly affirms the free speech rights of government employees when they are off duty,” said Peter Simonson, executive director of the American Civil Liberties Union (ACLU) of New Mexico. “The firefighters and police of our community can freely participate in this weekend’s fundraiser for needy children.”
The ACLU of New Mexico sought an injunction in U.S. District Court on behalf of two Albuquerque Firefighters involved in the event.
A preliminary injunction was issued from the bench on October 17, 2006. The city is banned from disciplining, and/or threatening to discipline, any employee of the Albuquerque Police or Fire Departments because of that employee’s participation in the “Rumble in Rio” charity boxing event to be held at the Santa Ana Star Casino on October 21, 2006.
“These employees have dedicated hours and hours of their time to this worth cause. We were proud to be able to help vindicate their right to contribute to the community,” said ACLU-NM cooperating attorney Jennifer Wernersbach.

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