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City attorney: Berkeley ruling limits how councils can 'clear the room' under Brown Act
Summary
Temple City’s city attorney briefed councilors on an appeals court decision involving Berkeley’s use of a Brown Act provision, saying courts will construe the statute narrowly and bodies must document why clearing a room or moving is necessary and should first attempt to restore order.
City Attorney Greg told the council that an appeals court recently ruled against Berkeley in litigation over its use of a Brown Act provision to remove members of the public and continue a meeting elsewhere.
Greg summarized the court’s findings: councils must attempt to clear the room and document the factual basis for concluding that order cannot be restored, and the Brown Act’s emergency provisions are a separate trigger that some bodies can use when appropriate. "It's just a reminder to us that courts will be construing the Brown Act very strictly against us and we need to follow the provisions to the letter," Greg said.
Greg said the decision means local governments should be cautious about moving meetings or clearing rooms in response to disruptions and should rely on the specific emergency language in the Brown Act when conditions justify it. The briefing was framed as legal advice and a reminder; no policy change was proposed at the meeting.
