Resident group sends cease-and-desist to city, accuses council of Brown Act violations
(BCN) — Last week a lawyer representing community group Berkeley People’s Alliance sent a cease-and-desist letter to the City of Berkeley on Jan.11 accusing the city council of violating the Ralph M. Brown Act at two Nov. 2023 meetings. Berkeley resident and Berkeley People’s Alliance Board Member and Nathan Mizell was also listed as a party to the cease-and-desist.
The group alleges that the Brown Act violations occurred at city council meetings on November 21 and 28, 2023 after the meetings were interrupted by protesters.
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The letter, sent by the law office of Jonathan Weissglass, outlined the legal basis for the Berkeley People’s Alliance’s claims against the city.
The Brown Act, also known as Government Code §54957.9, dictates that when government meetings are willfully interrupted by a group or groups of people, the government body must first attempt to restore order by removing disruptive individuals. If that fails, members of the legislative body can have the room cleared of all attendants–apart from members of the media– and continue in session, ideally readmitting individuals not responsible for the disruption.
Weissglass claims that the Berkeley City Council did not attempt to remove the individuals interrupting the meeting, nor did they attempt to clear the room and re-admit individuals not responsible for the disturbance. Instead, Weissglass said, Berkeley Mayor Jesse Arreguín recessed the meeting and later held the remainder of the meeting in a different location, without allowing the public to be present.
“Although BPA and Mr. Mizell do not condone the use of force to remove individuals who are allegedly willfully interrupting a meeting, the Legislature provided that removal is a prerequisite to holding a City Council meeting without the in-person presence of the public,” Weissglass said in the cease-and-desist letter. “The Legislature has made its decision and that decision must be followed.”
Previously, Berkeley People’s Alliance member Margot Smith sent a letter to the City of Berkeley on Nov. 28, 2023, accusing the city of Brown Act violations at Nov. 14 and Nov. 21, 2023, board meetings.
City representatives were not available for comment on these accusations.
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