San Diego, CA
Criticized for restricting public comment, city council vows to respect the Brown Act
At a San Diego City Council meeting this summer, the chamber was a sea of navy blue from the early morning hours. Swaths of the city’s police force had arrived en masse. Even Mayor Todd Gloria showed up.
The day was meant to be ceremonial, or at the very least symbolic. Fronting the council agenda on June 4 was a proclamation declaring the date Police Chief David Nisleit Day. After 36 years with the force, his last six as police chief, Nisleit would be donning his navy blue uniform one last time that week.
One by one, city officials from Councilmember Marni von Wilpert to Gloria took turns speaking on Nisleit’s legacy. And the outgoing chief himself gave a few but lasting words to wrap up his tenure: “I will continue to love this city, but I will be on the sidelines rooting for all of you.”
But on the sideline elsewhere, an undercurrent of frustration began to brew.
Unlike for other items on the agenda, public testimony was not permitted before or during the presentation of the proclamation.
That drew the ire of a group of community members who suggested the council was violating the Brown Act, California’s open meetings law. Former state Assemblymember Lori Saldaña, one of those barred from commenting, later threatened to sue the city.
In a resolution passed Tuesday evening, the city reiterated its “unconditional commitment to cease, desist from, and not repeat any act preventing public testimony on items presenting proclamations appearing on the council’s agenda as required by the Brown Act.”
When presenting the resolution, Assistant City Attorney Leslie FitzGerald said that the motion was intended “to avoid unnecessary litigation” without admitting any violation of the Brown Act by the city. No lawsuit has yet been filed, she added.
Out of the attendees, few seemed swayed.
“It’s a total disregard for the public’s right to simply express dissent or support,” Saldaña said. “It’s as hollow and empty as (the city’s) commitment for our right to speak.”
Nearing the end of the day, only a few people remained in the queue for public comment. But among those left, one message was consistently brought forth:
“I hope that you truly do have an unconditional commitment to California law and the Brown Act,” said Susan Baldwin, a retired San Diego Association of Governments planner.
The City Attorney’s Office declined to comment on the city’s decision to propose the resolution.
It’s not the first time the city has faced accusations of violating public transparency laws.
In 2017, the Center for Local Government Accountability sued the city for not allowing public comment on non-agenda items, including ceremonial proclamations. The city would ultimately pay the center $70,000 to settle the lawsuit.
The city is now fighting another lawsuit, filed in 2022, by a group that says it “suffered interference or reprisal” by officials during public comment sessions. Among those represented by the plaintiff was Saldaña.
An email obtained by The San Diego Union-Tribune shows that ahead of the June meeting, staff from Council President Sean Elo-Rivera’s office had stipulated that there would be no public comment on the “ceremonial items” on the agenda that day.
Coming up soon at the council may be a proposal to eliminate public comments by phone and Zoom during council meetings. The item was postponed from a recent committee hearing.
Elo-Rivera said it would streamline meetings and noted that other cities and public agencies have made similar moves, after adopting virtual public comment earlier in the pandemic.
But his effort has already been met with steady backlash from critics who call it an intentional effort to curb public comment. Elo-Rivera pushed Wednesday’s hearing on the proposal with the council’s Rules Committee to September so that more time can be given to discuss the item through the next meeting.
During public comment on Tuesday, Baldwin suggested that the city should reconsider any such proposal before being cut off and told to stick to the pertinent agenda item.
Originally Published:
The Killer Tomatoes are loose in San Diego, and they’re ready to get sauced.
Attack of the Killer Tomatoes is taking over Good Night John Boy (401 G Street) in the Gaslamp on Saturday, July 25 from 7pm-11pm for the official Attack of the Killer Tomatoes: Organic Intelligence after party, celebrating the wild new chapter in the cult classic franchise that first got its start in San Diego back in 1978.
Fans can party alongside cast and crew with meet and greets, “killer” cosplay, exclusive giveaways, DJs, and dancing. There will also be specialty themed cocktails and bites available for purchase, because fighting off killer produce apparently works up an appetite.
Tickets will be available here, though they’re not yet available. We’ll update once we know more.
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Jannik Sinner is starting to make a habit of responding to adversity in Paris with Wimbledon titles.
The top-ranked Sinner beat Alexander Zverev 6-7 (7), 7-6 (2), 6-3, 6-4 Sunday for his second consecutive title at the All England Club after his German opponent appeared bothered by a knee issue following a slip to the grass on a key point in the third set.
Sinner’s fifth Grand Slam title came in his first tournament since a second-round meltdown at the French Open, when he wilted in a Paris heat wave.
A year ago, Sinner beat Carlos Alcaraz in the final at the All England Club after wasting three match points against his rival in the Roland Garros final.
It was Sinner’s 10th straight victory over Zverev, who was coming off his first Grand Slam title at the French Open.
Linda Noskova beat Karolina Muchova in an all-Czech women’s final on Saturday for her first Grand Slam title.
Prince William joined his wife Kate and two of their children for the final in a star-studded Royal Box that also included actors Dustin Hoffman, Nicole Kidman and Ben Stiller.
Zverev slips
The top two seeds appeared perfectly matched until Zverev earned his first break point of the match at 3-3 in the third set — 2 hours and 42 minutes in. Sinner produced a drop shot and Zverev slipped and appeared to hyper-extend his right knee as he attempted to change directions behind the baseline.
Zverev grasped his knee in apparent discomfort and Sinner went around the net and helped his opponent up off the grass. Zverev quickly resumed playing but he appeared slightly hampered and slung his racket across the baseline in frustration when he missed a forehand and handed Sinner the first break of the match and a 5-3 lead in the third. Sinner then served it out.
Zverev had also lost 14 straight sets to Sinner and when he claimed the opening set of the final with a forehand winner up the line to conclude a tight tiebreaker, he let out a loud roar toward his box as he bent over in celebration.
Zverev continually cranked out serves at up to 139 mph (224 kph), while Sinner produced a series of well-placed aces at a slightly lower speed.
But Sinner began to read Zverev’s serve better in the second-set tiebreaker and Zverev started to miss forehands.
Paris meltdown
Amid stifling heat and humidity in Paris in late May, Sinner had his 30-match winning streak ended after coming within one game of a straight-set victory over Juan Manuel Cerundolo, who was ranked No. 56.
Conditions were cooler in southwest London for the final, with clear skies and a temperature of 82 degrees Fahrenheit (28 Celsius) but it was also breezy — which led to a series of shanked shots from both players.
Sinner went in for medical exams in Milan after the Paris defeat and didn’t play an official match again until he arrived at Wimbledon, where he twice had to come back from a set down in a five-set marathon against Miomir Kecmanovic in the first round.
Sinner then didn’t drop a set the rest of the way until the final, having dominated against Novak Djokovic in the semifinals.
Despite the defeat in the final, Zverev will leapfrog Alcaraz into the No. 2 spot in the rankings on Monday.
Alcaraz missed both the French Open and Wimbledon this year due to a right wrist injury.
Associated Press writer Mattias Karén contributed.
Wimbledon is keeping the World Cup off its official screens, even in the players’ lounge. Fans and players can still watch on their phones, but tournament TVs will stay focused on tennis.
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