PACIFIC GROVE — Town of Pacific Grove has responded to a federal lawsuit filed by a former police officer earlier this 12 months claiming he was wrongly fired for exercising his free speech rights.
In January 2021, the previous officer — Michael Gonzalez — was fired after private posts containing offensive remarks concerning the Black Lives Matter motion on-line got here to gentle in 2020. That very same 12 months, controversy additionally embroiled Gonzalez as he reportedly positioned stickers on his personal car with anti-LGBTQ language, in addition to assist for a right-wing militia group that he parked on metropolis property.
The lawsuit — filed on Feb. 22 in U.S. District Court docket Northern District in San Jose — maintains Gonzalez was fired “for expressing himself as a citizen, in political discussions on issues of public concern, on his personal free time, whereas off obligation, on his personal private social media account,” the 30-page grievance reads.
Although town admits in a Could 27 letter that Gonzalez was terminated from his job as a police officer, to a point, due to his exercise on-line, the 18-page doc response later denies that his termination was “based mostly solely on his social media posts.”
The posts in query check with Gonzalez’s exercise on a contentious social media platform often called Parler, which manufacturers itself as a champion of unmoderated free speech however got here beneath fireplace final 12 months for failing to police violent content material associated to the Jan. 6 assault on the U.S. Capitol. On Nov. 28, 2020, Gonzalez took to Parler, the place he posted “F*** Black Lives Matter” and “Free Kyle Rittenhouse.” The latter submit refers back to the teenager who, in 2020, fatally shot one unarmed man with an AR-15 type assault rifle, killed a second individual and wounded one other in Kenosha, Wisconsin, throughout protests over a Black man who was shot by a white police officer in that metropolis.
Town denies terminating Gonzalez on the idea of his “Free Kyle Rittenhouse” submit, solely admitting that he was fired, partially, as a result of his submit in regards to the Black Lives Matter motion violated the Pacific Grove Police Division’s code of conduct.
Gonzalez’s grievance argues in any other case.
“This case will not be about something Mr. Gonzalez did as a cop,” in keeping with the lawsuit, which was filed by Los Angeles lawyer Caleb Mason. “There was by no means any allegation of suggestion that he did something improper on the job.”
Town refutes the declare that Gonzalez’s exercise on-line didn't, definitively, have any influence on police features or companies. Additional, town denies that Gonzalez had a proper to submit “F*** Black Lives Matter” or “Free Kyle Rittenhouse” to start with.
Past addressing Gonzalez’s Parler posts, town’s response — filed by Pacific Grove’s attorneys, Michael Christian and Michael Hsueh of the Sacramento legislation agency Jackson Lewis — denies claims that Gonzalez was fired as a result of “one metropolis council member didn't like his political view.” The allegation is in regard to Jenny McAdams, who initially drew metropolis consideration to the stickers on Gonzalez’s pickup truck within the spring of 2020. On the time, McAdams known as Pacific Grove Police Chief Cathy Mandalone, asking who owned the truck, which was parked on metropolis property, and requested what Mandalone “was going to do about it?” in keeping with Gonzalez’s grievance and confirmed by town’s response.
The decals included one which learn “Liberty, Weapons, Beer, Trump,” which has the initials of LGBT. One other boasted the identify of a corporation known as the “Three Percenters” that human rights teams, such because the Anti-Defamation League, have named as an anti-government militia group. A number of members of the Three Percenters motion have been charged with conspiracy for having a hand in plotting the Jan. 6 Capitol assault.
Gonzalez was positioned on depart and investigated however in the end exonerated when the investigation didn't maintain violations of police division coverage. Pacific Grove Metropolis Supervisor Ben Harvey notified Pacific Grove workers that Gonzalez could be returning to work in September 2020. In response, McAdams wrote to Mandalone and metropolis workers to precise her disappointment, noting that “as a member of the LGBTQ neighborhood, I stay offended by the police officer’s decals and won't neglect what I felt (unhappy, scared, indignant, disgust).”
Later, in November 2020, it was McAdams that emailed Mandalone concerning Gonzalez’s posts on Parler, town’s response mentioned. McAdams mentioned she obtained screenshots of the posts from a involved resident.
Citing this timeline, the grievance in opposition to town — wherein each Mandalone and Harvey are listed as plaintiffs — contends “McAdams was not glad,” including that she “needed whoever dared put these stickers on that car to be recognized, punished, and fired.”
In response to town’s response, this part of the grievance “lacks adequate data or perception to confess or deny the allegations,” and on that foundation refutes the claims. Related language is used for a number of allegations made in opposition to McAdams within the February grievance.
Total, town argues that Gonzalez’s “declare fails as a result of his termination was justified on condition that town of Pacific Grove’s respectable administrative pursuits outweigh his First Modification rights.” Pacific Grove has requested that the courtroom dismiss Gonzalez’s grievance with prejudice, which might bar him from submitting the identical declare once more in opposition to town.
In the meantime, Gonzalez is asking for $1 million in damages, listed in his grievance as “psychological and emotional harms; reputational harms; misplaced promotional alternatives and related misplaced wages and pension revenue; and misplaced future revenue from post-retirement private-sector employment alternatives that can be unavailable to him as a result of he now has an hostile disciplinary report with the (Pacific Grove Police Division.”
Pacific Grove maintains it's immune from legal responsibility for punitive damages.
When requested to touch upon town’s response, Mason, Gonzalez’s lawyer, mentioned in an e mail that he doesn't touch upon pending circumstances.