A sometimes loud crowd reaction this past week to a legislative hearing has led to the banning of a Hispanic civil rights leader from the Senate - and his arrest Thursday after he went to see his legislator.
Senate President Russell Pearce, R-Mesa, confirmed Friday he told the Senate sergeant at arms to bar the leader of a group that was being "rowdy" while watching a committee hearing on a TV monitor in an overflow room. But Pearce said he did not learn until later that the person he banned was Reza.
Reza was arrested Thursday when he went to meet with Sen. Steve Gallardo, D-Phoenix. When Reza refused to leave - even after Gallardo told police Reza was there to see him - he was charged with trespass.
Attorney Stephen Montoya said he is weighing legal action against Pearce and the Senate. He said even assuming Reza was the leader of the group that cheered and clapped during Tuesday's hearing, there is no legal right to permanently bar him from the government building.
"You can't ban someone because he's allegedly the leader of a disruptive group," Montoya said.
"People have a right to come in," Pearce said. "If they're respectful, they behave, we have no problem with that. But you can't disrupt the place."
And if people are told they can't come back, "that's the way it is," Pearce said. "We're not going to take it anymore when it comes to that."
Pearce also told Capitol Media Services he is weighing whether to ban bullhorns and other amplifiers that have become commonplace at rallies on the lawn.
"We're just going to make it more respectful down there," he said. "They have a right to protest, bring signs and all that. But I'm not going to tolerate where they're loud and rude, disrupt other press conferences, disrupt other people."
That, however, may have only limited effect: A spokesman for House Speaker Kirk Adams, R-Mesa, who controls the northern half of the lawn, said he would not impose such a limit.
Reza was one of more than 300 people who showed up Tuesday night as the Senate Appropriations Committee was set to hear several bills aimed at illegal immigration. With the actual hearing in a small room, virtually all observers had to watch a closed-circuit TV feed in another room.
Some in the audience were clapping and cheering.
Pearce said Joe Kubacki, the Senate's sergeant at arms, approached Reza as the presumed leader and told him he needed to quiet down the crowd. Reza refused.
"I basically said, ‘I can't tell them to stop applauding. If you want them to stop applauding, you have to tell them yourself,'" Reza said.
No one was ejected at that time. But Pearce said he told Kubacki to tell the leader - Pearce said he did not know who that was - he would not be allowed back into the Senate.
Reza said there was no such warning.
On Thursday, Reza went to the Senate to meet with Gallardo. Reza said police told him he was not allowed in the building, even though there were no meetings taking place.
When Reza refused to leave, he was arrested for trespass, as was a companion who police charged with disorderly conduct and aggravated assault.
Pearce said there is no "blacklist" of people who are banned - beyond Reza. But Montoya said the order, even if directed only at Reza, is illegal.
He said there probably are times when certain people, because of past or current behavior or because they pose a real threat, should not be allowed in public buildings.
"But there has to be some type of process," Montoya said. "It has to be consistent with free speech requirements."
More troubling, Montoya said, is that this seems to be a permanent ban.
"If you allegedly disrupt one hearing, can they prevent you from entering the building to meet your elected representative?" he asked.
In a prepared statement issued hours after he spoke with Capitol Media Services, Pearce invoked the memory of last month's shooting in Tucson that killed six and left 13 others injured as justification for using what he said is his constitutional power to control the Senate building.
"It is my duty to protect our members, staff and visiting public, and provide a safe, secure environment," the statement reads. "In the future, we will be much more vigilant over misconduct by anyone visiting this building."
Leon Ceniceros posted at 6:35 pm on Fri, Feb 25, 2011.
Where are all the Democrats, Liberals and Left-Wing Socialists now ???
They were berating the....TEA PARTY ACTIVISTS...demanding ...CIVIL DISCOURSE...in Tucson. Well how about muzzling these ILLEGAL ALIEN AMNESTY activists here at the Capital.
OK....Folks, it's time for these TUCSON DEMOCRAT NATIONAL COMMITTEE big-shots to make some phone calls to these people.
EmperorSmith posted at 6:39 pm on Fri, Feb 25, 2011.
5 buck I spurred that image
EmperorSmith posted at 6:54 pm on Fri, Feb 25, 2011.
ready to go? I am not but pushed.
Tell me something can you put a price on peace.
EmperorSmith posted at 7:09 pm on Fri, Feb 25, 2011.
have to admit getting better EVT.
EmperorSmith posted at 7:16 pm on Fri, Feb 25, 2011.
empty shapes my mind , I am not so far away.
EmperorSmith posted at 7:34 pm on Fri, Feb 25, 2011.
what is in my eyes. Do you want to know
Ethics posted at 7:35 pm on Fri, Feb 25, 2011.
Great another Day another Civil Rights lawsuit for the State!
Lord Pierce might want to get a real Constitutional Lawyer to advise him, the Current goof does not seem to understand it!
EmperorSmith posted at 7:50 pm on Fri, Feb 25, 2011.
answer me god where is justice;
EmperorSmith posted at 8:29 pm on Fri, Feb 25, 2011.
Side note, can I ask you for a avatar Dale
saguaro posted at 8:37 pm on Fri, Feb 25, 2011.
Reza supports illegal alien criminals and deserves to be treated as a criminal.
Dale Whiting posted at 7:26 am on Sat, Feb 26, 2011.
Figures!
Pearce is an Arpaigo protege. Such people who make a career of law enforcement can spend far too much time on the "enforcement" part of that career and far too little time on the "law" part of that career. When they get more power than they can wisely handle, they overstep their bounds. When we elect them to those positions, we pay for their defense.
Once again we get what we pay for - more trouble than we voted for!
Poorman posted at 9:51 am on Sat, Feb 26, 2011.
Reza is nothing but a trouble maker,its a shame they can't lock him up and throw the key away.
Dale Whiting posted at 10:41 am on Sat, Feb 26, 2011.
Yes, Poorman. Anyone who disagrees with you and who does something you do not like is making trouble for your mind, hense is a troublemaker. If we locked all of those people up, your taxes would have to be increased to a marginal rate of 85%. Would that be more trouble than permitting these trouble makers to make trouble for your mind? Choose one or the other - Trouble for your mind or trouble for your pocket book!
Butters posted at 11:02 am on Sat, Feb 26, 2011.
Dale Whiting thinks that a loud-mouthed group of protestors who represent a small portion of the voters and NOT the MAJORITY, have the right to rule our state. Got news for you, Dale, MAJORITY RULES! That's how our system works and we'll be darn if we're going to cater to illegal aliens or those who support them. Get over it and for once in your life, do something good, like STANDING UP FOR YOUR FELLOW AMERICAN CITIZENS, WHO ARE MAD AS HECK AND NOT GOING TO TAKE IT ANYMORE!
TruthSeeker posted at 11:47 am on Sat, Feb 26, 2011.
Salvador Raza should be banned, just as Jared Loughner should be (and will be) banned from meeting members of Congress in parking lots. Raza is a danger to society and is always cited for disruption of events and disorderly conduct wherever he goes. He is a menace to society. That may the way they conduct business in Mexico, but not in America. Raza is the only veteran I disrespect for deliberately causing problems and acting in an unlawful manner.
EmperorSmith posted at 5:49 pm on Sat, Feb 26, 2011.
If there a is new way, I am first in line
chick posted at 8:24 pm on Sat, Feb 26, 2011.
Sal believes in the mythical Atzlan, which never existed and never will. The Aztec Empire NEVER extended anywhere near Arizona.
samkat posted at 8:34 pm on Sat, Feb 26, 2011.
Ethics and Dale are as usual, the ever loving liberals who support the dilution of our government functions and of course, open borders for every poorly skilled, uneducated illegal who desires to cross our borders.
EmperorSmith posted at 10:30 pm on Sat, Feb 26, 2011.
2 kids on a play ground trying to push each other down.
EmperorSmith posted at 11:59 pm on Sat, Feb 26, 2011.
EVT a idea. whoever making the images, consider selling posters or tee shirts. Honest here
Poorman posted at 11:14 am on Sun, Feb 27, 2011.
With Ref:to Dale Whitings post,yes Dale i'll take higher taxes if it will get rid of trouble makers like Reza and all the others like him.And especially all the illeagals.
EmperorSmith posted at 8:14 pm on Wed, Mar 9, 2011.
hold fro breath and prepare for death