REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Michael Vigliotta, City Attorney
PREPARED BY: Michele Hoffman, Senior Legal Assistant
Subject:
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Response Regarding Cease and Desist Letter Alleging Brown Act Violations
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Statement of Issue:
The City of Huntington Beach received a cease and desist letter from the ACLU dated May 22, 2025, alleging violation of the Ralph M. Brown Act.
Financial Impact:
Not Applicable
Recommended Action:
recommendation
Without admitting any violation of the Ralph M. Brown Act, the City of Huntington Beach hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described in the letter from the ACLU dated May 22, 2025, and analysis section of this staff report.
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Alternative Action(s):
Direct staff accordingly.
Analysis:
The City of Huntington Beach received a cease and desist letter from the ACLU dated May 22, 2025, alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:
1) Warning members of the public that they may not “make crude gestures” or use “foul language” when they provide public comment;
2) Warning members of the public that they may not address individual councilmembers by name when they provide public comment;
3) Silencing, muting, or ordering the removal of members of the public who “make crude gestures,” use “foul language,” or refer to individual councilmembers by name when they provide public comment; or
4) Enforcing the portion of the Council’s “Meeting Decorum” rules that prohibits purportedly “abusive” language, “whistling, clapping, stomping of feet, repeated waving of arms” as inherently and automatically “disruptive.”
Environmental Status:
Not Applicable
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. May 22, 2025 Letter from ACLU