FOR IMMEDIATE RELEASE
January 15, 2024
BERKELEY PEOPLE’S ALLIANCE ASKS CITY OF BERKELEY TO CEASE AND DESIST FROM BROWN ACT VIOLATIONS OR FACE LAWSUIT
According to California’s Brown Act, city council meetings must be open and accessible to the public. The Berkeley People’s Alliance along with Nathan Mizell, an Alliance Board Member and Berkeley resident, object to Brown Act violations that Berkeley committed at two recent Council meetings: November 21, 2023 and November 28, 2023.
The violations occurred when Council business and citizen protests conflicted during the meetings. The protests concerned a resolution supporting a ceasefire in Gaza. At both meetings, Mayor Jesse Arreguín recessed the Council and held the remainder of the meeting in a different location, completely isolated from members of the public.
In a letter dated January 11, 2024, an attorney for Berkeley People’s Alliance and Mr. Mizell asked the City to unconditionally commit to cease, desist from, and not repeat these violations of the Brown Act. The City must make this commitment within 30 days or face a lawsuit.
The purpose of the Brown Act is to prevent government secrecy and promote public participation. In November, the City failed to meet this requirement. Berkeley People’s Alliance is concerned that the City may do so again.
The Legislature did not give legislative bodies the option of excluding the public by moving to a different meeting room. Nor has the Legislature allowed last-minute video meetings as an alternative to attending in-person. An open meeting is one where members of the public make their presence felt and know that their legislative bodies are acting with transparency and citizen input.
Berkeley People’s Alliance is a community alliance of local organizations dedicated to advancing social, racial, economic, and environmental justice in the City of Berkeley. The Alliance and Mr. Mizell are acting to protect the public’s civil rights and to prevent the Berkeley City Council from violating the Brown Act in the future.