Specifically, there was a protest and counter-protest that took place on May 14, 2005. The issues that evoked the controversy specifically arise from the fact that the tax-supported monument has quotes that read "It was better before they came," and "This land was Mexican once, was Indian always and will be again." The Mayor of Baldwin Park was present in support of the monument and the protesters who support the continued display of these racist, separatist and discriminatory comments."

Dalton's attorney, Richard Ackerman says, "I do not want to believe that a filing such as this is necessary in a supposedly diverse society that supports the First Amendment rights of my client. Worse yet is the fact that I am forced to defend a 66-year-old US resident who was injured because of her fight against government-sponsored racism and hate speech. The Mayor ought to be protecting California's actual residents instead of protecting those who violate the law and those that apparently support the contention that America should be devoid of whites, African-Americans, Asian-Americans and many others."