State Sen. Rod Adair is declaring victory after the American Civil Liberties Union settled on Wednesday a lawsuit alleging he violated a citizen’s right to attend a legislative hearing and agreed to a statement that the senator “is a strong supporter of the
“The lawsuit says that I violated the constitutional rights of an individual. Their settlement says that I am a strong supporter of the constitution. The settlement completely negates a frivolous lawsuit,” the Roswell Republican said. “… In my view, this is a victory that is national in its implications.”
The citizen who made the allegations against Adair said he is also pleased with the outcome of the case.
“I got my point across, that the ACLU thought my case was good enough to take it and file it in federal court,” Virgil Beagles said. “… I will come to the Senate and the House and the capitol and I think (Adair) got that message.”
Beagles, a Roswell Democrat who has been a vocal critic of Adair, alleged he was barred from a committee meeting in the Roundhouse in
During a settlement conference on Wednesday, the ACLU agreed to file a motion to dismiss its lawsuit with prejudice and not seek reimbursement of its legal fees, which had grown to $35,000, Adair said. He said the state’s risk-management attorneys, who defended him, “said they have never seen the ACLU agree to not go for their fees. This is an enormous victory.”
The ACLU also asked the state to clarify rules regarding chamber access during the session, and the parties jointly released this statement:
“The parties acknowledge each others’ First Amendment Rights, including the right to comment upon the lawsuit and settlement. The ACLU of New Mexico acknowledges that Senator Rod Adair is a strong supporter of the
Adair said the settlement came after depositions several weeks ago and today revealed that there was no basis for the lawsuit. He said he agreed, in exchange for the terms which became the final settlement agreement, to not seek ethics charges against the ACLU attorneys for filing a frivolous lawsuit and perjury charges against Beagles for lying during a deposition.
In addition, Adair had demanded that the ACLU donate $10,000 to a
Beagles, on the other hand, said the dismissal was his idea. He said he learned during a deposition a few weeks ago that the state was paying for Adair’s defense.
“It wasn’t my intention to make the taxpayers pay hundreds of thousands of dollars on behalf of me,” he said, so he decided he had already made his point and agreed to drop the lawsuit.
Beagles said the evidence “clearly shows” that he was accosted by Adair and unfairly barred from the hearing.
The ACLU referred questions to Beagles.