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Fresno City Councilmember cited after confrontation with anti-shelter group at his home

Fresno City Council President Miguel Arias was issued three citations for misdemeanor battery Tuesday evening after a group with strong ties to shelter-in-place protests showed up on his doorstep.

Members of the group pursued a citizens arrest after videotaping Arias apparently pushing at least one of them. No one was injured, said Fresno police Lt. Anthony DeWall.

After the situation at Arias’ downtown apartment had calmed, a group opposed to the city’s shelter-in-place order went to Mayor Lee Brand’s home. Brand said in a statement they had a peaceful discussion and he went back inside.

The group that showed up at Arias’ apartment about 4:30 p.m. confronted him about coronavirus-related business closures. Arias’ two young children were home at the time.

A video posted to Facebook by user James Hoak shows a group of seven or so people outside Arias’ apartment. They are led by Ben Bergquam, who runs a media Facebook page called Frontline America and organized last week’s Freedom Rally protesting the shelter order.

The video shows Arias pushing Bergquam, microphone in hand, and others who are filming.

DeWall said the group identified themselves as independent media.

Both Arias and members of the group called police, and officers arrived about 20 minutes later. There were three alleged victims. Arias was not handcuffed. A court date for Arias will be scheduled in 90 days, which is standard, DeWall said.

Shortly after the confrontation on Arias’ doorstep, Police Chief Andy Hall sent squad cars to the homes of the other six council members and Brand.

“This is over the top,” Arias told The Bee in a phone interview before the police arrived. “This is not the way you engage in civil discourse.”

Brand and a council majority have consistently supported shelter-in-place regulations during the coronavirus pandemic, with Brand recently extending the order to May 31. Last week, hundreds gathered in front of City Hall for the Freedom Rally, and The Waffle Shop restaurant has dominated headlines beginning late last week for defying the order and opening to dine-in customers. That came to a head Sunday morning when a police officer handcuffed a restaurant goer who ultimately was released.

Councilmember Garry Bredefeld has been the lone city leader to oppose the shelter-in-place orders, calling for residents to defy them and saying he would do so himself. He spoke at the City Hall protest and has defended The Waffle Shop owner.

But Bredefeld said he was “outraged” by what unfolded at Arias’ doorstep, saying the group of protesters crossed the line and it should never happen again.

Mayor’s home

Not long after the confrontation at Arias’ apartment, a group showed up at Brand’s house.

“A group of 20-25 people protesting the city’s shelter in place orders came to my house this evening,” Brand said in a statement emailed by the city spokesman. “When they arrived, I went out to answer their questions and we had a peaceful discussion on my sidewalk. After 10 minutes, they left and I went back inside. I’m willing to talk with anybody who wants to have a civil conversation about the best way to keep our city safe and healthy.”

Brand was not available Wednesday for a follow-up interview, the spokesman said.

Bergquam: Didn’t expect Arias to be home

Bergquam organized the “Fresno Freedom Rally” outside of City Hall on May 6 and showed up at The Waffle Shop in support of the owner. While identifying himself as a member of the media, he also heckled local media at The Waffle Shop, calling them “fake news.”

Live on YouTube around 6 p.m. Tuesday, Bergquam said he assumed Arias’ apartment was a “front” to run for City Council in District 3 and didn’t expect him to be at the home.

“This is all from a man who is supposed to be representing the people of Fresno,” Bergquam said. “He’s also the main City Council member who is destroying businesses, keeping the lockdown on, putting pressure on Lee Brand to keep the lockdown in place.”

This is not the first time Bergquam showed up at an elected official’s home. Last year, he and Laura Loomer protested California Gov. Gavin Newsom’s immigration stances at the governor’s mansion, which led police to handcuff them, issue citations and release them.

On his social media platforms, Bergquam rants against undocumented immigrants and “open borders.” Yet he flip flops on calling himself a Proud Boy and denies that the “A-OK” symbol in photos in which he appears in is the white supremacist symbol many say it is.

Arias: Protecting his family

After his daughter tested negative for COVID-19 in March, this week was the first time Arias saw his children in two months, he said. When he answered the door, his son and daughter were napping on the couch.

He immediately went into “fight or flight” mode, he told The Bee after he spoke to police. He’s been inundated with online threats in recent weeks. He recently confided to his pastor he worried the threats would become violent.

Bergquam has publicly threatened him in the past, Arias said. Plus, he said he believes Bergquam carries guns and protesters were calling him racial slurs.

“They went from making a political statement to physically threatening the safety of my own family, and that was not going to be tolerated,” he said.

Arias called Bergquam a “paid political operative” and called for Bergquam’s supporters to “step back.”

As for his future court appearance, Arias said he plans to use the online threats as evidence. He hopes that exposes Bergquam’s funders and their agenda, he said.

Bredefeld condemns incident

Bredefeld, who has disagreed with Arias on the shelter-in-place policies, publicly condemned the incident on Facebook.

“I can’t even begin to express the outrage I feel regarding this incident,” he wrote. “This is completely unacceptable and should never happen. While we can have disagreements politically and express different points of view, it completely crosses the line of safety, decency, and respect of personal and family boundaries. If any crimes were committed by these individuals, they should be prosecuted to the full extent of the law. This disturbing and outrageous incident must never, ever happen again!”

On Wednesday afternoon, Bredefeld held a news conference at City Hall. He announced legislation calling for a repeal of the city’s shelter-in-place and emergency orders and repeated his condemnation of Tuesday’s actions by protesters.

Another councilmember, Luis Chavez, had a message for anyone who plans to threaten him or his family at home.

“As a councilmember that has been publicly threatened before, I take these threats very seriously and that’s why I have a concealed carry weapons permit,” Chavez said. “I will not tolerate anyone threatening me or my family.”

Many local organizations took to social media Tuesday night to condemn the confrontation at Arias’ house, noting racist and discriminatory overtones.

This story was originally published May 12, 2020 at 5:59 PM.

Brianna Vaccari
The Fresno Bee
Brianna Vaccari covers Fresno City Hall for The Bee, where she works to hold public officials accountable and shine a light on issues that deeply affect residents’ lives. She previously worked for The Bee’s sister paper, the Merced Sun-Star, and earned her bachelor’s degree from Fresno State.
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