Write a review of FAC to help us keep our Top Rated Nonprofit status!

Asked and Answered

What can be done about the California Legislature keeping the public out of the Capitol during COVID-19 pandemic?

July 1, 2020

Question

The Legislature reopened May 4 and bills are being discussed, amended, and voted on with zero public allowed in the Capitol or to meet with their representatives. I want to put them on notice that they cannot do this. I also want to discuss whether using 18 USC S242; 18 USC S245; and 42 USC S1983 is possible to tell them they are acting outside the scope of law and will be personally liable for damages. California’s governor has abused his power for seven weeks and now the Legislature is helping it continue. The people were never meant to be excluded from the decision-making process like this.

Answer

Meetings of the California state legislature are governed by the Grunsky-Burton Open Meetings Act, Cal. Gov. Code §§ 9027-9033. Unfortunately, unlike the Brown Act, Cal. Gov. Code § 54950 et seq. (governing local agency meetings) or the Bagley-Keene Act, Cal. Gov. Code § 11120 et seq. (governing state agency meetings), the Grunsky-Burton Open Meetings Act does not have specific provisions granting members of the public the affirmative right to speak at meetings. If you wish to communicate your concerns about state legislative actions, you may wish to reach out directly to members of the Legislature to ensure your concerns are heard.

Additionally, as the U.S. Supreme Court has held, members of the state legislature generally enjoy immunity from suit for actions or decisions taken during the course of their legislative duties. See Tenney v. Brandhove, 341 U.S. 367, 377 (1951) (“Legislators are immune from deterrents to the uninhibited discharge of their legislative duty…”). As such, a suit for damages against individual state legislators under federal civil rights laws is unlikely to bear fruit.

Bryan Cave Leighton Paisner LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation. No attorney-client relationship has been formed by way of this response.

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.