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  • Asked and Answered

    Brown Act

    Open meeting law and homeowners associations

    […] got together and tried to reduce the number of ski hours by over 30%. Those of us who wanted to protect our amenity got together and fought for our rights. The end result of that effort was a compromise Resolution between the two factions that was later ratified by the board. The following year, […]

    June 14, 2009

  • Asked and Answered

    First Amendment Protest Rights

    Do ‘disturbing the peace’ laws trump the First Amendment?

    Two of about a dozen protesters were arrested for 415 section 2, 'disturbing the peace', while peacefully protesting.The incident occurred between the hours of 6pm and 8pm.We arrived for our court date only to find no charges had been filed.A week after that we received a notice by the arresting deputy that he was […]

    June 14, 2009

  • Asked and Answered

    Brown Act

    Davis-Stirling Act

    […] normally provided by a City to the Property Owners Association. The Property Owners Association claims to be exempt from the Brown Act so does not have to publish notifications ( agendas ) before executive sessions. They claim they function under Davis Sterling where notifications for executive sessions is not required. Any opinion or legal references?

    June 14, 2009

  • Asked and Answered

    Brown Act

    Cure and correct Brown Act violations

    […] city and county planners that these are 'staff meetings' and that the public is not allowed access. The planners did hold one public workshop with ballots ( for weighting the criteria) but said that our ballots would be counted only if we signed them. What recourse do we have and can we insist that […]

    June 14, 2009

  • Asked and Answered

    CPRA

    Cal Expo Data

    […] They typically will post this on their website in the form of a PDF file and in a magazine they produce. However, the wine industry has asked for an online system that is searchable, something my company has developed and provides free of charge. The data is actually in my possession due to my […]

    June 14, 2009

  • Asked and Answered

    First Amendment Newsgathering

    The DA gives information to other media, but refuses to make it available to our newspaper

    […] Attorney. This news led to his assistant's departure. Now, the DA refuses to provide public information on court cases that we can only get (and have gotten for 35 years) over the phone. I believe there is a statute somewhere that requires government officials to provide news to outlets on a non-discriminatory basis. The […]

    August 20, 2010

  • Asked and Answered

    Brown Act CPRA

    Can we compel our non-profit hospital to share financial information with the community?

    […] they do not review the organization's financial information. It is up to the directors to insist that staff provide this information. 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 […]

    October 21, 2013

  • Asked and Answered

    First Amendment

    Can I sue New York City for restricting my religious freedom during the coronavirus pandemic?

    […] dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand." As a result, we cannot state for certain whether New York City’s public health restriction on gatherings is, on its face, an unconstitutional violation of citizens’ rights to exercise their religion or a […]

    July 9, 2020

  • Asked and Answered

    Brown Act

    Is It Legal to Exclude the Public From a Regularly Scheduled Public Meeting?

    […] prevented from entering the County Board of Supervisors Meeting in California where they were deciding whether to open up the county after the coronavirus shutdown. One man was detained for attempting to enter the building. Is it legal for the board of Supervisors to prevent the general public from attending a regularly scheduled board meeting?

    January 20, 2021