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Asked and Answered

First Amendment

Can a retail store deny you the right to petition their customers?

[…] a regular arrest is beyond the scope of the expertise we can offer through this service and would seem to require familiarity with California criminal procedure. In addition, although the general background above may be useful to you in determining how strong your case would be, but we can't evaluate your case or give […]

April 27, 2010
Asked and Answered

CPRA

Request for advisory committee’s documents denied

I want to get copies of documents from a local planning group (elected advisory body under the City's Dept. of Planning and Land Use). The chair of the committee has sent members an email explaining that they should each bring the documents they possess for me to read while the meeting is in session, […]

August 3, 2011
Asked and Answered

Brown Act

Closed door assessor appointment – possible Brown Act violation

I believe an individual was appointed County assessor unfairly through an exchange wherein the newly appointed assessor promised the supervisor board he would not run for mayor. I am seeking record of this agreement; I believe it could be in violation of the Brown Act, please advise.

April 21, 2016
Asked and Answered

Brown Act

Could this act of intimidation be a Brown Act violation?

[…] brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session…" Gov't Code § 54954.2(a)(1)(emphasis added). Finally, with respect to your question regarding the timing of the motion that was introduced and passed, the Brown Act does not address legislative procedural issues. […]

June 10, 2016
Asked and Answered

Brown Act Newsgathering

Community Association claims parks are private; city says they’re public

[…] Improvement Dist., 87 Cal. App. 4th 862 (2001). I hope this information is helpful. Bryan Cave 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.

July 17, 2013
Asked and Answered

Brown Act

When is a non-profit board subject to the Brown Act?

[…] are unfortunately outside the scope of the expertise offered by this hotline. Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to First Amendment Coalition 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.

May 3, 2013
Asked and Answered

Brown Act First Amendment

Taping of public charter school meetings curtailed by corporate owners

[…] would have to meet a high standard in order to restrict taping at meetings. Bryan Cave 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.

October 13, 2014
Asked and Answered

First Amendment

Law unclear on collecting signatures on private property in California

[…] troublesome implications: if my rights are not protected, many others will likely lose theirs as well. The recent San Diego court case between Target and gay rights advocates, "Canvas For Cause," was ruled, more or less, in our favor. What is the Coalition’s opinion regarding the current status of my legal rights to gather […]

October 24, 2011
Asked and Answered

Brown Act

How do we enforce the Brown Act?

[…] to an award of attorneys' fees and costs. Govt. Code section 54960.5. Holme Roberts & Owen 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.

December 22, 2011
Asked and Answered

Brown Act

Council took action on a for-discussion-only agenda item

[…] the city council "receive and file this report. " However, without any public notice, the City Council took action. I know the Brown Act requires items on which Council acts to be on the agenda in advance, unless there is an emergency or need for immediate action wasn't realized earlier. What should I do now?

December 6, 2010