4. Circumstances Related to Free Speech and Press Conference Held June 24, 2022
8200 Westminster
City of Westminster
Boulevard
Westminster,
California 92683
Staff Report
File #:22-120,Item #:4.Meeting Date:July 1, 2022
Westminster City Council
SUBJECT
..Title
Circumstances Related to Free Speech and Press Conference Held June 24, 2022.
..End
From:Christine Cordon, City Manager
Prepared by:Christian L. Bettenhausen, City Attorney
____________________________________________________________
RECOMMENDED ACTION
..Recommendation
Staffrecommends that theMayor and City Councildiscuss the circumstances and
provide direction.
BACKGROUND
On Friday, June 24, 2022, City Council Member Chi Charlie Nguyen held a press
conference to announce his candidacy in front of the City Hall building located at 8200
Westminster Blvd.
Multiple members of the City Council have requested an opportunity to discuss the
circumstances surrounding the press conference and whether it was legal, warranted a
special event permit, or used any public resources.
On Wednesday, June 22, 2022, shortly after the end of the council meeting, Council
Member Nguyen reached out to the city attorney to ask if he was legally allowed to hold
a press conference in front of City Hall to announce his candidacy for mayor. Legal
counsel added the city manager to the call because he felt her input was needed and
because he needed to determine if there were any special policies that had been
adopted governing that area. It was confirmed that currently there are no city adopted
rules that govern how and when the area in front of City Hall can be used.
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File #:22-120,Item #:4.Meeting Date:July 1, 2022
The initial discussion concerned the need for a special events permi
code if the event was going to be large or if it was going to require any city services or
support (e.g. Police, fire, public works, etc.). The council memberindicated that it would
only involve 15-20 people and that no city assets or services would be involved. The
impression was that it would be a short speech near the steps.
It was further determined that the area in front of City Hall has a history of being used
for a wide variety of First Amendment activity. Over the years, membersof the
community have used the front of City Hall for protests and press conferences, including
Black Lives Matter movements, press conference by attorneys when they sued the City
of Westminster, recall petition-related conferences, as well as other pressconferences
by the City and public officials. It is also relevant that under the federal constitutional
law,parks and streets are considered traditional public forums, and the entire Civic
Center is essentially treated as a park.
That being said, under the Constitution,the City is allowed to adopt reasonable time,
place, and manner regulations. Those rules must be content-neutral, meaning they
cannot be based on what the speaker is saying. The regulation has to apply equally to
everyone, and not target a particular kind of speech unless it meets a strictscrutiny
standard. It also cannot be overly burdensome, and you need to ask whether there are
less restrictive ways the same protections can be provided with the goal of protecting
speak.
With respect to public officials, as a general rule,they are treated the same as anyone
else when it comes to public forums. An official does not lose their First Amendment
rights when they are elected. However, the law explicitly states that public officials are
not allowed any special privileges because they are elected. In the performance of their
duties,public officials often have access to City employees, equipment,and buildings
which the public does not have access to. Public officials are forbidden from using
anything paid for by the City, including access to City employees, for their private or
political purposes. But if an area is open to anyone who wants to speak there, the public
officials right to use that area is the same as it wouldbe for anyone else. They just
cannot receive a special privilege given their position.
In the circumstances surrounding the June 24, 2022 press conference, Council Member
Nguyen indicated that the event would be short and would only include 15-20 people,
and no City resources would be involved. In light of the historical use of the site as a
public forum, and the lack of any City rules governing the location, he was advised that
they did not see any restriction on his ability to use it.
He was explicitlytold a number of times that his use of the space was expressly subject
to his compliance with certain legal restrictions, which the City would also require of
anyone in the public. Specifically, he was advised that he needed to comply with each
of the following requirements:
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File #:22-120,Item #:4.Meeting Date:July 1, 2022
going to be large, or if it would require any City resources (such as police, public
works, fire, etc.). He indicated only 15-20 people would be present.
He had to keep the sidewalks clear at all times, and had to make sure not to
impression was that the speech would occur somewhere near the steps, similar
to that of a courthouse press conference. He was also advised to avoid having
anyone stand in the street/parking lot to avoid blocking traffic.
He had to make sure not to use any City resources whatsoever as part of his
speech. (e.g. anything owned by the City, or anything paid for with city funds). It
was made clear that under state law, public officials are prohibited from using
any public resources for political purposes.
He was advised not to include the City seal or logo in any photos. This was to
avoid giving the false impression that the City was somehow endorsing his
To summarize, given that this area has a history for public speech, and the fact the City
has not adopted any rules governing the use of this area, the City is limited on what it
can do to prohibit speech at this location. Anyone in the public would have the same
right as long as the rules mentioned above arecomplied with.
The City Council may want to consider the adoption of some reasonable time, place,
and manner restrictions on the use the front of City Hall. If they are generally applicable,
and not overly burdensome on free speech they would likely be upheld. For example,it
may be prudent to consider adopting a reasonable buffer around City Hall to prevent
speakers from locating themselves too close to the building, which might inhibit traffic to
and from the building. Alternatively,a free speech zonecould be designated.
The areas inside City buildings, such as City Hall, the Council Chambers, or at the
Public Works Yard, are treated completely differently. Each location has different rules
under the First Amendment depending on how that area has traditionally been used.
Most City buildings are not open to the public at all times, so they are not treated as
public forums in the same way or at all. With respect to the Council Chambers, that is a
limited public forum, which means the City is allowed to adopt rules on howand when
free speech can occur. For example, speech occurs only during posted public meetings
when the building is open, speech is usually limited to only 5 minutesand must only
dings are treated completely
differently under the First Amendment than areas outside which are open to the public,
and have a history of free speech activity.
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File #:22-120,Item #:4.Meeting Date:July 1, 2022
Finally, it is important to mention that political speech, which is what was at issue in this
case, is a highly protected form of speech under the First Amendment. It does not fall
within a lesser category of speech simply because the speaker is a politician. The
speaker, however, must follow the same rules applicable to everyone.
The council is free to discuss the incident, and whether the rules which were provided
were followed in this case.
FISCAL IMPACT
No fiscal impact related to the discussion of this item.
LEGAL REVIEW
CONCLUSION
The City Council may provide direction based on the discussion.
ATTACHMENTS
None.
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon,City Manager
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