|
<br />I .
<br />
<br />Letitia E. Pepper, Esq.
<br />P. O. Box 55560, RIVERSIDE, CA 92517
<br />telephone (951) 781-8883
<br />message (951) 275-9480
<br />LEP105277@cs.com
<br />
<br />ADMITTED TO STATE COURTS OF
<br />CALIFORNIA, CENTRAL &
<br />SOUTHERN DISTRICT COURTS OF
<br />CALIFORNIA, NINTH CIRCUIT
<br />COURT OF APPEALS
<br />
<br />STATE BAR No. 105277
<br />ASSISTANCE TO THE BAR:
<br />APPEALS, LAW & MOTION,
<br />APPEARANCES, MOOT COURTS,
<br />CONSULTING
<br />
<br />City Council, Mayor and City Attorney
<br />City of Riverside, City Hall
<br />3900 Main Street
<br />Riverside, CA 92522
<br />
<br />RECEI\/ED
<br />FEB 2 3 2007
<br />
<br />C'~\I 0.1: r:;:':"Qrr.:;;dp
<br />,..v l \'uo,,,.~d~__
<br />CitY Clerk's Office
<br />
<br />February 22,2007
<br />
<br />Re: Proposed New Rule re "Speaker Cards" Will Violate California Constitution
<br />
<br />Honorable Mayor and Council Members, Mr. Priamos:
<br />
<br />I understand that the Mayor now intends to copy the Board of Supervisor's rules that, to
<br />speak at a meeting, members of the public must first fill out a card and turn it in, and on the card
<br />they must identify the subject on which they will speak. At first blush, this appears reasonable -
<br />but, of course, the atmosphere in which it is about to be introduced is a good indication of the
<br />motive behind it, and, upon reflection, its speech-chilling impacts are clear.
<br />First, people are well aware that the Council seems to be "gunning" to arrest people who
<br />criticize them at meetings. Kathy [sic] Wright stopped coming to Council meetings after refusing
<br />to accept delivery of one of the threatening letters that were being sent to me, Mrs. Von Pohle and
<br />others. She knew what the envelope contained. She told the Friday Morning Club, at which I was
<br />in attendance, that she "could not afford" to continue to speak at council meetings. When asked
<br />what she meant, she said she could not afford the legal costs involved in being arrested and
<br />prosecuted.
<br />Requiring people to put their name (and possibly address and telephone number) on a form
<br />before they can speak will discourage such people from speaking. In fact, legally you cannot
<br />require speakers to do any more than state that they are residents; you cannot require them to give
<br />their names as a condition of speaking.
<br />Second, although most people don't think about such facts, not everyone is literate, and not
<br />everyone who can speak English may be able to write in English. This is something of which the
<br />people with this handicap are often ashamed and secretive, so they, too, are unlikely to be willing
<br />to speak if, before being allowed to do so, they must write out their topic.
<br />Third, at present, people can arrive at meetings after they start, and just line up at the side
<br />the room. Who intends to speak is crystal clear to all present, as well as the order in which they
<br />will speak. Use of speaker cards does away with that. It allows the government, rather than the
<br />public, to choose whether to speak before or after another speaker, and lets the government "stack
<br />the deck" to close any comment with the speakers of its choice - a great advantage, and one
<br />jealously guarded by our rules of civil procedure when it comes to the courtroom and other arenas
<br />of debate. This jockeying for position can be regularly seen at meetings now, where, for example,
<br />Chani Beeman often hangs back to try to get in the last public word - and sometimes is not
<br />successful, because now others see how this is done.
<br />
<br />1
<br />
<br />cc: Mayor V
<br />City Council ./
<br />City Manager/
<br />City Attorney /
<br />
<br />,YM
<br />
|