Berkeley council's back-room meetings amid Gaza protests violated transparency law, appeals court says
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Berkeley council's back-room meetings amid Gaza protests violated transparency law, appeals court says
"The Berkeley City Council violated California's open meetings law when it met in a conference room without the public present during disruptive protests against Israel's military campaign in Gaza, a state appellate court ruled this week. The opinion filed Tuesday by the First District Court of Appeal reversed a lower-court ruling that sided with the city over the practice the council used to hold portions of three meetings in November 2023 and January 2024."
"The act allows a government body to meet without the public present if its functions are being willfully interrupted by attendees. The council retreated from its usual chambers to a nearby conference room and continued the meetings there. Members of the media were allowed inside the room, but not the public, which could watch and participate in the meeting only via Zoom."
California's First District Court of Appeal ruled that the Berkeley City Council violated the Brown Act by holding portions of three meetings in a conference room closed to the public during disruptive protests over Israel's campaign in Gaza. The appellate opinion reversed a lower-court decision that had sided with the city. Demonstrators sought a ceasefire resolution and repeatedly interrupted meetings with chants, jeers and booing. Then-Mayor Jesse Arreguin invoked the Brown Act's disruptive-meeting provision and the council moved to a nearby conference room. Media were allowed inside while the public could watch and participate only via Zoom. The Berkeley People's Alliance sued over the practice.
Read at www.berkeleyside.org
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