ACLU and First Amendment Coalition v. City of Fresno

On November 15, 2023, the ACLU of Northern California (“ACLU NorCal”) and the First Amendment Coalition (“FAC”) sued the City of Fresno for holding secret budget negotiations in violation of the Brown Act, California’s open meetings law for local governments. The lawsuit asks the court to order Fresno to comply with the Brown Act’s open meeting, notice, and public comment requirements.

Since at least 2018, the Fresno City Council’s Budget Committee has negotiated the city’s annual budget behind closed doors, depriving the people of their fundamental right to transparency in local government. The proposed budget has been typically rubber-stamped by the City Council.

For example, during Fresno’s Fiscal Year 2024 budget process, the Budget Committee made more than 75 changes and amendments to the proposed budget, totaling almost $30 million. These changes were made without any notice to or input from the public

Before filing suit, ACLU NorCal and FAC sent Fresno a letter demanding the city stop crafting its annual budget in secret. Instead of agreeing to stop violating the Brown Act, Fresno doubled down on its secret meetings, making it necessary to take legal action.

Press Release: FAC, ACLU Sue City of Fresno for Open Meetings Law Violation (11/15/2023)

News Coverage:

• Fresno sued over ‘secret budget committee’ after Fresnoland investigation (11/15/2023)

Legal Documents:

• • • Order Denying Both Motions (8/29/2024)
    • City’s Reply Brief on its Motion (8/21/2024)
    • FAC and ACLU Reply Brief on Our Motion (8/21/2024)
    • FAC and ACLU Opposition to City’s Motion for Judgment on the Pleadings (8/13/2024)
    • City’s Opposition to FAC and ACLU’s Motion for Judgment on the Merits (8/13/2024)
    • FAC and ACLU Memo in Support of Motion for Judgment (6/10/2024)
    • Declaration of Sonya Ledanski Hyde in Support of Motion for Judgment (6/10/2024)
    • Declaration of Ann Cappetta in Support of Motion for Judgment (6/10/2024)
    • City’s Motion for for Judgment on the Pleadings (5/30/2024)
    • Memo in Support of FAC and ACLU’s Motion for Judgment on the Pleadings (5/30/2024)
    • Petition (11/15/2023)
    • Cease and Desist Letter (9/6/2023)