More on the Lawsuit that will COST TAXPAYERS MILLIONS

I have received a tremendous amount of background on the Patriot Plaza saga since the early days of this fight.  Because nothing had really happened with the clear harassment by the neighborhood association and the city other than some stories in the press, I had decided not to write about the ordeal.  It wasn't until the city took it upon themselves to start voting against people getting liquor licenses for what amounts to what they "think" might happen in the future that things really got interesting.  And then, of course, the city got sued and that was when I decided it was time to take to the blog.

Here's what I know.

Rep. Emma Acosta has been the biggest problem here given that she thinks by carrying the water for the out of control neighborhood association they will help her get elected mayor.  She has blindly done everything the neighborhood association people wanted her to do and it's about to cost you a ton of money.  Instead of being an intelligent person who understands that a few squeaky squawking screwballs from one neighborhood don't represent everyone they claim to, she jumped in with both feet and boy did she land in it.

What's worse is that city council participates in a dangerous little game where they "defer to the representative of that district" when it comes to certain things.  They basically don't act in the best interest of any El Pasoan because they have some kind of "professional courtesy" game going on.  It's a "you don't interfere in my business and I won't interfere with yours" deal that usually means someone isn't doing something right and they don't want to be stopped.  Case in point - Rep. Acosta appointed the wife of a city employee and union boss to the Civil Service Commission and NOBODY SAID ANYTHING! Why? Professional courtesy!  It's a BS way of these representatives not holding each other accountable.  In the next city council election you must require candidates to take a "no professional courtesy" pledge. 

This situation got way out of hand and it was because nobody stepped in to talk some common sense into city employees and Emma Acosta.  Every city council member has their own problems with bars in their own district, but you don't see them taking it as far as this situation was taken.  Most of the other council members know what kind of people the neighborhood association folks are and ignore most of what they say for the good of everyone else. 

So exactly who are the neighborhood association people?

When a person decides to take a "leadership" role with a neighborhood association it isn't because they are a reserved, thoughtful person looking to be a liaison to city government on matters that may pertain to their neighborhood.  Nope, they're pissy childish cronic complainers who have nothing better to do than look for stuff to bitch about.  They spend every waking moment of their life in search of the next thing they'll have to call the city and complain about.  The streets are too wide, the streets are to narrow, the cars are too fast, the cars are too slow, the sidewalks are too grey, the grass is too green, the trees are too tall, the trees are too short, the trees aren't native, the trees are too far apart, the trees are too close together, the park is too small, the park is too big, the park grass isn't the type of grass they want in the park, the kids at the park are too loud, the stoplight at the end of the block is too long, the light at the end of the block is too long, the light at the of the block isn't needed, they need another light on the street before the light at end of the block and on and on and on and on and on and on. 

These ne'er-do-well neighbor hood associations are a major thorn in the side of city government from the elected officials all the way down to the poor guys cutting the grass in the parks.  And when their power goes unchecked - you end up with a situation like this where all the other people who have a life and could care less about the bar and it's patrons now have to pay to settle a suit that was brought on by a tiny minority of the community falsely acting on the behalf of the whole. 

Here are some anecdotal stories I have from folks I know from the city.  They won't go "on the record" because it would mean their jobs, so I have to describe them as "anecdotal" to be fair.  However, these people aren't liars and wouldn't have any reason to lie to me. 

In one case a city employee related story about a citizen who literally called the city every single morning to complain that people were speeding by their house.  Every single morning at roughly 8:00 a.m. this person would call describing all kind of manner of hell raising going on in the form of hundreds of speeding cars zipping by their house.  One such morning the person picked up the phone, called the city employee I know and started in on the same routine.  The employee got the citizen to stop talking for a second and asked them to kindly look out their window to see if there was a cop out there.  Sure enough there was a motorcycle cop running radar right outside the person's house.  The guy had called without even checking to see if there was a cop out there.  This made the city employee wonder and they got in touch with the officer and his superior and they had an interesting fact to report - only about seven cars passed by the man's house between 7:30 a.m. and 9:30 a.m. and none of them were speeding.  Turns out that the person just didn't like anyone driving by their house for any reason at all.  The person lived midway down a dead end street and the number of cars passing by equaled almost exactly the amount of houses between complainer's and the dead end.  This person was a prominent member of the neighborhood association and often used that position to speak for the entire neighborhood when making demands. 

In another case, this one involved  a member of the Cielo Vista neighborhood association, the issue of trash in the park was brought up in an interesting manner.  The member of the association took the time to photograph a piece of paper in the park and take it to a city meeting to complain.  They didn't pick the offending piece of paper up and throw it away, they took a picture of it and rushed off to the city complain about its presence.  It seems that they wanted the city to staff a full time position to police the park for any pieces of paper that might find themselves in the grass. 

That's just two of the hundreds of crazy stories my city sources have involving these neighborhood association people. The most commonly used term to describe these neighborhood association people "out of control."

The word on the street is that these Cielo Vista neighborhood association folks are so obsessed with the Three Legged Monkey and it's patrons that they actually go spend their time in the parking lot writing down everything they see - and have been doing this for years.  This makes me wonder if there ever was a problem in the "neighborhood" or just in the parking lot itself.  It's hard to call yourself a "victim" of the bar crowd when you actively seek to be near them when you don't have to be.  Something tells me that a jury of your peers might see their actions as odd - at best... who knows how they'll interpret that behavior at the worst. 

I'm never one to get into suing people.  I've been sued and it cost me money even though I had people represent me free of charge.  The individuals named in this suit aren't going to be so lucky. Unlike my case where I was clearly protected by many many many laws, including the bill of rights and its biggest hits, these people aren't in the clear.  They're going to have to pay someone tens of thousands of dollars just to get them to a spot where they can negotiate a surrender.  Any way you swing it - the neighborhood association thugs are going to be out cash they probably don't have.  It's a tough lesson to learn, but maybe they'll get the message now - mind your own business, you're not God because you're a part of a neighborhood association.

As far as the city reps go - they're in some big trouble here.  Some of you may have heard of "UTEP" and the "Cincinnati area bar scene." Both of these places create nuisances for their residential neighbors - Kern and Sunset Heights.  And when I write "nuisances" I mean wreaking extreme havoc to the point of devaluing property, creating physically dangerous situations and promoting general all around mayhem that quashes the quality of life of everyone who lives in the area.  The city has never once voted to oppose any of those bar owners or their liquor license applications and they sure as hell haven't threatened UTEP with sanctions for the actions (parking) of their patrons (students).  So why is Patriot Place any different?

The city and the city councilors named in the suit have a tremendous hill to climb when it comes to legitimizing their acts against David Cooper and others involved with the bar business at Patriot Place.  There just doesn't seem to be a consistent pattern of that response in other areas where the problems are tremendously worse. 

I wonder if other bar owners in town have given campaign contributions to these city council members and if there's a case to be made that a little help (we're talking money here) come voting time has kept the city at bay.  I bet a case could be made. 

Then you have the mayor... This guy is named in the suit and I have to wonder if anyone on the Cielo Vista neighborhood association has any connection to him that would have made his thoughts on this whole issue sway violently to one side.  I wonder... I really really really wonder...   What if there was someone at the city that is close to this neighborhood association and is in a position now to carry out their will?  Would that be a conflict?  It wouldn't be, I don't think - but it wouldn't look good. Especially if there was deference given to this person by a person in power... a person who might not need the negative press given the existence of a premature election fight in their future.  It would not be good for the city, or anyone connected to it, if it came out that some neighborhood association had a "person on the inside" this whole time.

It's not like the mayor doesn't have a track record of playing nice with bar owners - because I'm sure he does.  I probably wouldn't call Al Frank Catucci to get his opinion on that statement, though.  Turns out that the one-time "bar mogul" (I use that term loosely) wanted to run against Cook for the big office on the 10th floor a couple years back.  Not long after that announcement Catucci, who had never been in trouble in his life, found himself in handcuffs more often than a Cincinnati Bengals' player.  I'm sure it was just a coincidence and there'd be nothing to it, but it was worth mentioning here since we're talking about bars, the mayor and such.

I think the biggest problem the defendants in the lawsuit have is the fact they launched an pre-emptive strike on Cooper and that's just not right by any stretch of the law.  If the city wants to be in the business of guessing how things are going to turnout, they need to start taking their money to the Sunland Park Race Track and Casino (featuring washed up loser musicians whose albums you didn't want to buy 30 years ago and sure as hell don't want to buy now) and betting on the ponies. That is, if they are still confident in their ability to see into the future like they did with Coopers proposed salsa bar.

I know this has been a lot of words, but I think it serves a couple of purposes here:

1.  You need to really think about all that has happened and put yourself in the bar owners' respective positions.  What if it was you?  What if you were labeled the enemy by an over-zealous neighborhood group of thugs and the city declared war on you and your business?  If you don't think it can't happen to you, then you need your head checked.  Mr. Cooper and the Three Legged Monkey are just the latest targets in a decade long assault on business.  Before them it was home builders, contractors, sign companies and anyone with a paved parking lot.  And that's just the ones I can come up with off of the top of my head. I bet you have five ready rattle off right now.

2. I wanted to show you how a few cage rattlers with time on their hands coupled with a ladder climbing politico can end up costing a community millions of dollars - your tax dollars to be more exact.

This lawsuit isn't "frivilous" by any stretch of the imagination.  The city is going to have to pay their outside council to handle it and that alone will cost $100,000 just to get started.  Once everybody gets through discovery it will be time to settle and at that point Mr. Cooper can pretty much name his price and the city will be encouraged to pay or risk going to a jury trial and losing millions more. 

God knows what is going to happen to the individuals named in the suit that have to pay to defend themselves - they could be out their life savings very quickly and lose their home, cars and whatever else they have of value not long after.  It's too late to start hiding assets now.  The courts will give you a big frowny face for that. 

The parties involved with trying to shutdown Cooper should have stopped and looked at what they were doing at some point.  They turned it into an emotionally driven issue and have now really screwed themselves.  Cooper warned them that he was going to sue them and they just kept plowing forward.  Good thing the taxpayers ar here to pick up the tab for irresponsible elected officials once again.

Comments

[Carl Starr]

http://www.heraldtribune.com/article/20080616/NEWS/806160536

Santa Fe New Mexican (New Mexico) April 22, 2001, Sunday Anti-SLAPP law: freedom from fear for citizens

Los Vecinos developer's case filed against the Greater Callecita Neighborhood Association, two of its officers and three Santa Fe city councilors. That "classic" SLAPP suit was blasted by then-Attorney General Tom Udall for its "chilling effect" on citizens wanting to talk to their city councilors and having their say in the civic process. The era of intimidation by SLAPP suits is over. From now on citizens, lawyers and judges will treat as SLAPPs all lawsuits that are aimed at First Amendment-protected rights of speech and petition, whether brought as tort, conspiracy, or defamation actions.

Since a SLAPP victim can collect legal fees from the SLAPPer if his case is thrown out, people who cannot afford to pay will now be able to get lawyers to take their case. Above all, since SLAPPers must reimburse the victim's legal fees, SLAPP lawyers will think twice before going to court. SLAPP suits will soon stop because they are no longer financially worthwhile. As a result, people will feel free to speak up without fear of being SLAPPed down for participating in the political process and for exercising their First Amendment rights. Fred Rowe is vice president of the Greater Callecita Neighborhood Association. He coordinated the No-SLAPP Alliance which pushed for enactment of this bill. Rowe is chairing a Neighborhood Network forum on the new law an Monday, from 7 p.m. to 9 p.m. in the Southwest Room at St. Vincent Hospital.

[David K]

Carl,

Texas doesn't have a SLAPP law otherwise I would have used it.

plus - this doesn't fall under slap since it's a planned and repeated attack by one group of people on another.

[Carl Starr]

SLAPP is based on First Amendment, I did not say Texas has that SLAPP law eg like CA state does and NM and FL State but Texas Constitution Art 1 or 3 covers this, Texas cases even say our Constitution gives more free speech rights than federal counterpart.

The lawsuit is poorly drafted and I suspect it will be amended shortly.

The private actors defendants had a 1st Amendment right to speak out etc to the city.

And as in one of my fav quotes: The logic or reason behind exercising a Bill of Rights eg the Motive can never be a factor in judging merits ie it does not matter if motive is cash, love or hate or Revolution.

[Thomas]

David
Anti-slapp,Citizens Participation Act,was signed into law in june of 2011 in Texas.To late for you since it was not retroactive.
http://www.rcfp.org/node/98299
Thomas

[Allen]

I have two points I would like to make here:

1. How is it legal for a city or a neighborhood association to deny a potential business owner the right to open a business on a commercially zoned piece of property? I mean, I hear the complaints of the neighborhood people about their concerns for loud noise, violence et al, but aren't there laws that these bar owners and their patrons have to follow when it comes to that sort of thing? Seems like the city an neighborhood folks are putting the cart before the horse here because they don't like David Cooper...which brings me to my next point...

2. Why is it when I hear anything about Mr. Cooper, it has to do with his sex life or the fact that he participates in an alternate life style regarding his sex life? Almost seems that they (the city and neighborhood association) are biased based on his particular (and totally legal) lifestyle choices. I think they call that discrimination? (sorry, I don't have sarcasm font on my computer)

I have personally known Mr Cooper for over a year, I have met his wonderful family and have been invited multiple times to stay in his home. He demands honesty and integrity from his employees and forces Texas and TABC laws down their throats. I know because I used to work for him at Dallas Nights and bore first hand witness to the actions that destroyed his business. It is a travesty what this city and a few whiny neighborhood people have done to berate and slander this hard working business man, furthermore it is criminal what they did to destroy his livelihood.

Rep. Acosta has gone on television and talked about the people she is fighting for, how they spent thousands of dollars on their homes. Mr Cooper has invested hundreds of thousands of dollars in his businesses only to be harassed by people in the city. Sad.

[Carl Starr]

Thanks Thomas, the issue is interesting, also there may be a new law attached to new law you cited ie the new TX law loser pays atty fees law, however and rightly so it does not apply when you lose suing government...only corporations and private actors. I dont know Mr Cooper, I have not seen eptimes video on him or read all press, i just briefly read lawsuit once...I think Mr Cooper may have a case...my 2cents is just that he needs to plead it better eg amend complaint. When I say the private parties have a right, what I mean is they have a 1st Amendment Affirmative Defense should they choose to use such tool.

[take that anti business council!]

Would the Texas SLAPP law apply to a lawsuit filed in Federal Court based on Federal Laws? I don't think it would and I don't know if Congress has passed any SLAPP legislation.

[Carl Starr]

Its a good question, if the suit properly plead a state law pendent claim to the fed claim then yes, if not no.

Its good Texas passed anti-slapp but of course its untested, whereas say CA state slapp has been litigated much and either watered down or strengthened.

As good as anti-slapp is its basicly just any 1st Amendment defense.

[Thomas]

Carl
My point was that the members of the Cielo Vista neighborhood association maybe covered.They have a right to go before their elected officials and complain about problems they seen in their neighborhood.Can't get more free speech than this and that their concerns be addressed.Now this will not cover the CC members if they wrongfully acted and abused their powers in manipulating local law enforcement to harass the bar owner just because the CC had a disagreement with the bar owner.

[David K]

Thomas,

What the suit alleges that the neighborhood association did goes far beyond "complaining." Besides, they aren't being told they can't speak - so the SLAPP is out.

This is not a free speech issue, it's actions taken against someone's constitutional rights.

The neighborhood association is going to be shown to be in clear violation of Cooper's rights.

[Thomas]

David
I think you are wrong here the actions were taken by the CC and local law enforcement.I am tell you the neighborhood association are going to walk on this.
Remember David any time a citizen goes up against government they have stepped onto an unlevel playing field.If Cooper has a lot of money he maybe able to level that field.I'm not saying what is being done to Cooper is right but real world and a court of law are to different things.As you should know the courts are not nessarily about the truth but who has the best mouth piece to spin the best tale.
For me I hope Cooper wins but I can see the many stumbling blocks he faces in getting a win in El Paso.

[eye on el paso]

The difference between UTEP/cincy and hawkins/montana is simple. One is owned by the government and the other is not. The land 3LM is on is owned by the airport authority. It is not owned by private interests. The land will never be needed for airport exapnsion, so I think it should be sold. As should all airport property that is not required now or in the future for operational purposes. The idea of the airport running a rent/lease/land development vehicle is insane.

The government entities in El Paso should do what they are required to do, and no more.

[hahaha!]

Then you have the mayor... This guy is named in the suit and I have to wonder if anyone on the Cielo Vista neighborhood association has any connection to him that would have made his thoughts on this whole issue sway violently to one side. I wonder... I really really really wonder... What if there was someone at the city that is close to this neighborhood association and is in a position now to carry out their will? Would that be a conflict? It wouldn't be, I don't think - but it wouldn't look good. Especially if there was deference given to this person by a person in power... a person who might not need the negative press given the existence of a premature election fight in their future. It would not be good for the city, or anyone connected to it, if it came out that some neighborhood association had a "person on the inside" this whole time.

[Rick]

On Tuesday, City Representative Cortney Carlisle Niland spearheaded one of the most embarrassing resolutions in El Paso’s history. The worse part is our city council voted unanimously for this embarrassing resolution asking our Texas State Comptroller, Susan Combs, to assist in the efforts to allocate State funds to improve El Paso’s infrastructure at our ports of entry, the city council also suggested implementing toll fees at the Cordova Bridge. The problem with this resolution is that they addressed the wrong branch of government for assistance, this is a federal issue not a state issue. The bigger blunder if the state was responsible for El Paso’s ports of entry, the city council would still be addressing the wrong department, the State Comptroller’s office has nothing to do with the state’s infrastructure or the state’s capital investments; the Department of Transportation handles that. The Texas Comptroller’s office is the state’s chief tax collector, accountant, revenue estimator, and treasurer. In other words, that means they write the checks and keep the books for the multi-billion dollar business of our state government and it is not within the comptroller’s purview to allocate funds for capital investments in the state’s infrastructure. The comptroller’s responsibility is to be the steward of the state’s revenues and assure funds are applied accordingly to the approved state legislative budget.

When it comes to El Paso’s International bridges, they are federal infrastructures, involving international treaties between the U.S. and the country of Mexico. The International Boundary & Water Commission must approve any type of infrastructure improvements or modification for El Paso’s International Bridges along with the U.S. Deparment of State. The Bridge of the Americas, The Stanton Street Bridge, The Paso Del Norte Bridge, were renovated or built after the U.S & Mexico signed the 1963 Chamizal Convention Treaty and in article ten of the treaty it stipulates that he Cordova international bridge "shall be toll free unless both Governments agree to the contrary.” This discussion of instating toll fees was addressed in 1993, when the Cordova Bridge was replaced and it is recorded on the 1993 Cordova Bridge replacement minutes in article-four that to be Consistent with the stipulations of article 10 of the Chamizal Convention, the replacement bridge will continue to be toll-free. The minutes go as far as to explain that an internal consultation that took place with respective governmental levels and representatives of the different sectors of El Paso and Juarez communities, interest was expressed that the bridge should remain toll-free in the spirit of the 1963 Chamizal Convention Treaty.

In the past, our current city council has passed some dumbfounded resolutions. For example, Rep. Susie Byrd's resolution to free a convicted carrot top freckled boy who had contradicting allegations of being tortured at the Juarez Cereso Prison. At least that ridiculous resolution was addressed to U.S. Secretary of State Hillary Clinton, not the U.S. Postmaster. Another preposterous city council moment when Rep. Beto O’Rourke, called a press conference at an international bridge only to politically grandstand by pretending to present President Obama with a Manifesto to legalize drugs, eventually becoming his radical platform for his congressional candidacy, but at least he addressed the appropriate parties. It would have been more of a colossal joke if he had pretended to address a Texas Park Ranger of Texas Parks and Wildlife. However, yesterday’s resolution reached a schismatic level that is blasphemous to El Pasoans. Only to find out that next day, Veronica Escobar, of the I heart Beto O’Rourke Campaign sent out an attack e-mail using this humiliating resolution, while the rest of us are being tainted as the city of babbling idiots.

These unsophisticated and incompetent resolutions are an insult to the founding fathers of our great country who established the foundation of our current branches of government. This blatant political grandstanding by certain city elected officials is only perpetuating El Paso as the cradle of ignorance and idiocy. I am imploring our city council members to put your political ambitions and ulterior motives aside. An for the city council members who simply just trusted their fellow council members of doing what is right for El Paso, I ask you now please be vigilant of their ulterior motives. Remember you are a representation of the good people of El Paso and the majority of us do not want to be stereotyped as renegades who are insular to our country’s branches of government.

Council seeks funding to reduce wait times at international bridges
http://www.elpasotimes.com/news/ci_19669588

1963 Chamizal
Convention Article 10.
http://www.ibwc.gov/Files/ChamizalConvention1963.pdf

1993 Renovation minutes that continues to reference to Article 10 of the 1963 Chamizal
treaty.
http://www.ibwc.gov/Files/Minutes/Min290.pdf

Beto O'Rourkes Statement on Yesterday's Council Action
http://thelionstarblog.blogspot.com/2012/01/beto-orourkes-statement-on-yesterdays_04.html

[Carl Starr]

I think a number of these 'feel good resolutions' are mostly paper tigers, they have no real bite or teeth. I think their contracting the State Comptroller is just a way of cry or outcry, it does not matter who you contact up the line, if your right, each sworn government constitutionalist, is suppose to direct your complaint to proper 'higher ups' or proper 'jurisdiction'.

I agree with above poster the issue is largely a fed one re preemption, nevertheless CC can as the local CC raise hell, shout and try to make this a issue for any reason be it political or the common man trying to cross the bridges.

I dont think CC thinks it can unsurp the feds on this, i dont think they are saying look its our bridges, they know there is some fed control and they are just crying etc.

Now when and if the city decides to file a lawsuit re the bridges then that is when the bridge issue will get interesting and talk turn into actions.

[Texaswoman]

Council just doesn't the idea of security. They want the drugs, the counterfeit goods and children for the sex trade to flow freely through El Paso in hopes of getting a few pennies in taxes.

[take that anti business council!]

You misunderstood the resolution council passed regarding the Texas Comptroller's office. They want a study done - the Tx CPA does studies. It's not to find money and fund - it's a study.

[mo money]

Yep, Beto needs all those rich Mexicans(cartel members too) crossing quicker so they go buy furniture at Charlottes and give mom some mo cash.

[Mrs. John]

Rick, you lost. Get over it.

Back on topic, Emma Acosta is a mean woman. She thinks pandering to a few neighborhood people will win her the mayor's job? Does she think all of the people she has treated like poop will forget what she is like? Has anyone asked the cost for having her picture put on her business cards? Have you seen the huge picture of her in her office window? She may be short but her ego is huge. And the neighborhood people have slandered Mr. Cooper. And their president is planning on running by Emma's seat. Hope you eastsiders are smarter than that or God help us all