A temporary restraining order granted to Moreno Valley Mayor Ulises Cabrera against a city resident and critic has been tossed out by the court.
On Aug. 20, Riverside Superior Court Judge Samra Furbush dissolved the restraining order on Elmer Thomas and denied a permanent restraining order.
“My family and I were granted a restraining order for 12 months due to the stalking, harassing and unwanted physical violence I experienced by Elmer Thomas in my official capacity as mayor,” Cabrera wrote in an email Monday, Sept. 23. “While the restraining order is no longer in place, we thank the court for giving us a year of protection.”
Thomas denies Cabrera’s accusations.
“I feel that the mayor has been weaponizing the legal system — a tactic sometimes referred to as ‘lawfare’ — to suppress my freedom of speech and to intimidate me into silence,” Thomas wrote in an email Monday. “The restraining order and the unfounded accusations are examples of this misuse of authority, in my view.”
Back in July 2023, Cabrera was granted a temporary restraining order against Thomas, after Cabrera told a judge he feared for his and his family’s safety.
According to Cabrera, Thomas made rude comments and shoved him during a city Juneteenth event in 2023. Then, during the city’s 2023 Fourth of July parade, as Cabrera and his family rode in the bed of a pickup, Thomas reportedly raised his middle finger at Cabrera and threateningly reached for his waistband — insinuating he had a gun, Cabrera alleges in court documents.
Meanwhile, Thomas has alleged that Cabrera brushed inches past Thomas’ daughter then followed her to the restroom at the Juneteenth event, smirking at Thomas as he did. Cabrera has said that never happened and alleged that Thomas bumped into his right shoulder while he spoke to a food vendor.
Thomas denied reached for his waistband and said he does not own guns. He said he did give middle finger to Cabrera after he said Cabrera threw candy at Thomas’ face from the mayor’s parade float. Cabrera has denied throwing candy at Thomas.
“While we all have the freedom of speech, things should never escalate to threats or violence,” Cabrera continued. “It is unfortunate that we are living in a time where individuals feel the need to utilize violence against elected officials they disagree with. Difference in opinion, constructive dialogue, and harsh criticism are welcome in our democracy, but threats and violence should never be tolerated.”
Cabrera cited a University of San Diego study from earlier this year, showing that 66% of elected leaders surveyed in Riverside, San Diego and Imperial counties reported being threatened or harassed while performing their public duties. Threats were leveled at liberals, conservatives and moderates alike.
“We must ensure that this doesn’t become the new normal. We should always strive to figure out our differences through debate rather than violence,” Cabrera concluded.
The temporary restraining order kept Thomas 100 yards away from Cabrera, along with Cabrera’s wife, son and father. The order kept Thomas from entering Moreno Valley City Council chambers, Moreno Valley City Hall or official meetings that Cabrera might attend.
That paused Thomas’ public criticisms of Cabrera, which included his October 2021 demand that Cabrera resign after Cabrera voted to appoint LaDonna Jempson to fill a council vacancy, allegedly in violation of California’s public meetings law, as well as him labeling Cabrera a coward in November 2022 after Cabrera was censured by the City Council.
The restraining order meant that Thomas was limited in how he could engage with local government.
“This restriction hindered my ability to … voice my concerns as a resident and taxpayer, and stay informed about decisions affecting our community,” he wrote. “Being unable to attend City Council meetings meant I couldn’t participate in public comment periods or directly observe the proceedings. This was particularly challenging given my commitment to promoting transparency and accountability in our local government. Additionally, the restraining order created a chilling effect, making me cautious about attending any community events for fear of inadvertently violating the order.”
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The order spilled over into other aspects of his life, he said.
“The restraining order affected my family’s involvement with the Moreno Valley Unified School District,” Thomas wrote. “My children attend schools within the district, and the mayor frequently appears at school events. Due to the restraining order, I had to avoid attending important events involving my children to ensure compliance, which was distressing for both my family and me.”
Thomas pulled his daughter out of school, he said, because a teacher at the school was a Cabrera supporter.
Now that the restraining order is lifted, Thomas said he looks forward to getting involved in civic life again.
“I intend to attend City Council meetings, participate in public discussions, and continue advocating for transparency, ethical leadership, and policies that benefit our residents when I am able,” he wrote.
But things may be a little different this time around.
“While I am relieved that the legal restrictions have been lifted, I remain cautious,” Thomas wrote. “The experience has shown me the lengths to which some officials may go to suppress dissenting voices. I am committed to standing up against such actions and hope to encourage others to engage in civic matters without fear of retaliation or abuse of power.”
A year away from each other doesn’t seem to have cooled tempers off much.
“It’s difficult to overlook the impact that these events have had on my family and me,” Thomas wrote. “I have spent over $40,000 in legal fees to defend myself — funds that could have supported my family’s needs. The city paid almost $33,000 in legal fees as well, which I believe is a misuse of taxpayer dollars. The attempts to intimidate and silence us, along with the defamation and public accusations — including false allegations that I was armed and posed a threat — have been challenging to endure.”
The accusations have also been hard on his family, he wrote.
“While I strive to focus on constructive engagement and the betterment of our community, trust has been eroded, and it may take time to rebuild,” Thomas concluded.
More on Cabrera vs. Thomas
Moreno Valley appoints new city council member — over attorney’s objections
Moreno Valley mayor leaves meeting, citing investigations into council’s appointment
Moreno Valley Council Member Ulises Cabrera censured by colleagues
Moreno Valley rescinds council appointment after getting letter from DA
Moreno Valley Mayor Ulises Cabrera gets restraining order against resident
Threats, harassment common for Riverside County elected leaders, survey finds
