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Asked and Answered

Arrested at meeting for commenting on no-public-comment rule

July 2, 2010

Question

I was arrested recently while attending and covering as a journalist a wildlife protection meeting. The meeting is sponsored and regulated by the California Natural Resources Agency and the Dept. of Fish and Game. The facilitators illegally tried to establish a no public comment and no recording policy at these public meetings. I was arrested for trying to openly record the meeting, and for stating that the no public comment policy was illegal. They have, as of last week, reversed their illegal policies. I want to file a large lawsuit in this matter.

Answer

As you may know, the general remedy under the Bagley-Keene Act, California’s open meeting law that applies to state agencies, is nullification of an action taken in violation of the Act or a declaration that a particular act violated the Act.See Gov’t Code sections 11123(a) and 11130.3(a).

It sounds like the suit you contemplate may relate more specifically to your arrest, which may implicate a broader set of issues.

Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.