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City attorney outlines Brown Act limits on discussion, removal for disruption and online disorder
Summary
City legal staff reviewed open-meeting rules under the Brown Act, scope of public comment, when officials may stop meetings or remove disruptive attendees, and how courts have treated removals and expressive conduct.
City Attorney Sam told members of the Capitola City Council and Planning Commission that state open-meetings law protects broad public comment but limits removal to conduct that is actually disruptive. Sam said the Brown Act allows members of the public to speak on any item within the body’s subject-matter jurisdiction and that ‘‘you can only remove someone if they’re being actually disruptive.’’
Sam said examples of impermissible removals have reached the courts. He cited litigation following a Santa Cruz meeting in which a speaker performed a Nazi salute and another case in which a school-board meeting included protesters placing trash in the chamber; courts have…
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