The San Diego Metropolis Council is violating the First Modification rights of residents with a coverage barring sure public feedback at council conferences, a lawsuit filed Friday alleges.
Civil rights lawyer Bryan Pease, a former Metropolis Council candidate, is asking the San Diego Superior Courtroom on behalf of the Animal Safety and Rescue League, which he chairs, to halt the council coverage.
He says the swimsuit is a response to the council “prohibiting public remark at council and committee conferences that the assembly chair believes are ‘for the promotion of any political candidacy or for the promotion of any poll measure.’”
Latest council appearances by former Assemblywoman Lori Saldaña triggered the Pease swimsuit in addition to a cease-and-desist letter Friday by lawyer Cory Briggs to Mayor Todd Gloria and the council.
Briggs cites the state’s Brown Act, concerning open conferences, and its mandate that members of the general public have an opportunity to handle legislative our bodies instantly.
Saldaña, the previous mayor and congressional candidate, was “muted” throughout an Oct. 27 assembly and “minimize quick” at a Nov. 1 assembly, says former NBC San Diego newsman Paul Krueger.
In an electronic mail Friday to Metropolis Lawyer Mara Elliott, Krueger stated Councilwoman Marni Von Wilpert interrupted Saldaña and ordered town clerk to “Please mute the caller. Mute the caller” for feedback crucial of Councilwoman Jen Campbell.
“That is political speech which isn’t allowed on our metropolis council non-agenda public remark,” Von Wilpert is quoted as saying. “You’ll be able to proceed talking, however we is not going to permit any political election speech right here.”
On Nov. 1, says Krueger, council President Sean Elo-Rivera interrupted Saldaña’s feedback “about her considerations concerning the council’s actions associated to Measure C, the Halfway/Sports activities Enviornment website choice course of, the affect of marketing campaign contributions on that situation, and the questionable function that one in every of Mayor Todd Gloria’s political allies could — in her opinion — have had in that course of.”
His letter added: “Equally — or much more — disturbing is the truth that the archived video of this assembly — an official doc obtainable and saved by the Metropolis Clerk on town’s web site — has been edited to take away that interchange between the Council President and Ms. Saldaña.”
The Pease lawsuit seeks a peremptory writ of mandate ordering town to not censor public remark and restore all deleted public feedback to the official video archives of these conferences. He’s additionally asking for attorneys charges.
On Monday, Pease advised Instances of San Diego that he’s not working with Briggs on the swimsuit however would welcome him submitting any motion on behalf of his shoppers as nicely.
His swimsuit references the Saldaña interactions however doesn’t title her as a plaintiff.
“I’m in contact with Lori basically and really very similar to what she is doing to maintain our elected officers accountable,” Pease stated by way of electronic mail.
Requested whether or not his group, often called APRL, ought to be capable of sue because it hasn’t been blocked from commenting at council conferences, Pease stated:
“All members of the general public or organizations together with APRL have been harmed by this new coverage already. Whereas Lori might deliver a selected declare concerning the censorship she skilled, this doesn’t preclude some other members of the general public from bringing swimsuit to enjoin this unconstitutional and unlawful coverage.”
Briggs cease-and-desist letter take a unique tack than Pease’s.
“It appears to be like like he’s planning to deliver an motion based mostly on [the] Brown Act, which might be nice too,” Pease stated. “The APRL swimsuit takes a barely totally different strategy merely based mostly on violation of the fitting to free speech within the First Modification and California Structure Article I, Part 2.”
Pease despatched his personal cease-and-desist letter to Elo-Rivera on Thursday — a day earlier than Briggs’.
Council members Von Wilpert and Elo-Rivera didn’t instantly reply to requests for remark.
The Metropolis Lawyer’s Workplace “is not going to be commenting on the case,” a metropolis spokesperson stated.
This story will probably be up to date.
