Press Freedom Organization Says Shasta County’s Actions During Public Meeting Appear to Violate Both First Amendment Rights and California’s Brown Act
The nonprofit First Amendment Coalition says the County did not have the authority to clear the County’s Board chambers during a recent meeting at all, let alone remove the press, during a peaceful protest that posed no threat to the public.
11.15.14 10:01 am: We’ve updated this article to clarify our citation of the 2022 law that prohibits law enforcement from intentionally assaulting, interfering with, or obstructing the duly authorized representative of any news service. We previously wrote this was an amendment to California’s Constitution; it was actually an amendment to a state statute.
The First Amendment Coalition (FAC), a California-based press freedom organization, has issued an open letter scrutinizing the County’s actions during a November 7 Board meeting.
FAC’s legal team analyzed video footage of the event during which the public was cleared from the meeting before law enforcement pushed members of the press out of the chambers on threat of arrest before arresting nonviolent protester Jennifer O’Connell-Nowain in a darkened Board chamber.
While people were filing out of the chambers in response to the Chair’s initial instructions, County Counsel Joseph Larmour instructed Shasta Scout reporter Annelise Pierce to leave the room as well. Pierce said she’d remain in the room to document the actions of citizens unless instructed to leave by law enforcement. Larmour responded by saying O’Connell Nowain was a “target” of law enforcement and therefore didn’t “count” as a citizen. Pierce remained anyway until ordered to leave by Sheriff’s deputies.
According to FAC’s Legal Director David Loy and Advocacy Director Ginny LaRoe, the County’s actions appear to have violated both the press’s First Amendment rights and the public’s rights to meeting access under a California transparency law known as the Brown Act.
The Board issued a press release after the incident, claiming that the protocol used during Thursday’s events reflect a procedure that has been in place for “more than a year.” According to the County, the procedure was “crafted in cooperation with The Board of Supervisors, the County Administrative Office, County Counsel, the Shasta County Sheriff’s Office, and the Shasta County District Attorney’s Office.”
County Counsel Larmour has not responded to a request to explain how the Board of Supervisors was able to help craft a policy without any record of that having occurred during a public meeting, something that’s required for any unified action by the five-member Board, under the Brown Act.
In response to a request for documentation of the procedure, Larmour told Shasta Scout it’s exempt from public records request because it relates to security but couldn’t be shared anyway because it’s “not been memorialized in writing.”
Shasta County Sheriff Michael Johnson has also issued a press release about the events of last Thursday, stating that clearing the chamber was necessary for “safety”. The release also warned that “other individuals who failed to obey lawful orders to exit the chambers may also face charges.”
The Sheriff’s Office did not elaborate on what types of charges might be filed. Pierce of Shasta Scout, along with David Benda of Record Searchlight and Doni Chamberlain of A News Cafe, were the three journalists who remained in the Board chamber after the rest of the public and press had left.
The FAC framed this statement about potential future charges as a “threat” by the Sheriff, emphasizing his failure to provide any justification for the alleged need to maintain “safety.” Citing court precedent, the FAC said in no uncertain terms that “vague and unsupported assertions about ‘safety’” do not justify infringements on First Amendment rights.
Supervisor Tim Garman and Counsel Joseph Larmour both remained in the room during O’Connell-Nowain’s arrest. Their proximity to the scene undermines the County’s claim that a “safety” issue justified removing press from the room, the FAC noted, since a threat that necessitated press leaving the room would have also applied to every other member of the public.
The Sheriff has not responded to Shasta Scout’s request for comment sent Friday, November 8, asking what safety issue necessitated such action.
FAC has also expressed concern about other decisions made by County staff during the November 7 meeting that “degraded the press and public’s ability to observe and document issues of clear public interest.”
Those concerns include the County’s decision to force members of the public not only from the chambers but from the building lobby, obstructing and threatening to arrest members of the press even once they had followed law enforcement orders to move to an open doorway and conducting law enforcement activities under the cover of darkness.
According to Shasta Scout reporter Annelise Pierce, Deputy Justin Meredith went farther than threatening arrest by also temporarily detaining journalist Doni Chamberlain of A News Café . Pierce says Meredith grabbed Chamberlain by the arms and tried to pull away her cell phone, before pushing her back out into the lobby. His actions were taken at the clear direction of Sergeant Heston McDaniel.
Those actions appear to contradict state law as enshrined in a 2022 amendment to California law which states explicitly that “a [police] officer or other law enforcement officer shall not intentionally assault, interfere with, or obstruct the duly authorized representative of any news service, online news service, newspaper, or radio or television station or network who is gathering, receiving, or processing information for communication to the public.”
This is not the first time the Board has attempted to bar the press’ First Amendment right to directly document public meetings. In July, certain members of the Board attempted to sequester media to a separate room during Board meetings–a decision the County walked back after a legal warning from the FAC.
Do you have a correction to share? Email us editor@shastascout.org.
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As Per Psychology Today bias refers to:
A disproportionate weight in favor of or against an idea or thing, often resulting in inaccuracy, closed-mindedness, prejudice, or unfairness
1. An unreasoned and unfair distortion of judgment in favor of or against a person or thing
2. A particular tendency, trend, inclination, feeling, or opinion, especially one that is preconceived or unreasoned
3. A natural inclination for or against an idea, object, group, or individual, often influenced by factors like socioeconomic status, race, ethnicity, and education
When is the media going to stop making stories about them being victims?
The freedom amendment coalition is not a law.
The freedom amendment coalition is a crying towel for the media every time they don’t get their way.
The media are not to harass, disrupt, impede sheriff deputies doing their duty during an incident.
When the cop says move!….You move! The media are not to be protesters or disruptors of the law enforcement officers.
Example:
When an officer says, “Stay away from the building on fire”. You stay away. It’s for your own protection.
If the media feels like a victim, hire an attorney and file a lawsuit in the court of law.
The constich has run filament thin. The law needs to be obeyed by everyone. Good luck Johnson, you’re going to need it.
Well, I guess we know where you stand on freedom of speech.
“must be absolutely quiet…” indeed…
I think the safety issue in the board room is much like a pilot waiting to take off. He is totally responsible, the decision is his only, no matter what passengers have to say. Matter of fact, its the same when landing. The passengers must be absolutely quiet to allow for his decision making. The board and law enforcement have to decide how much they can handle for their safety and responsibility.
If we are to continue with your metaphor, they already crashed the plane long ago. You are now free to move about the cabin!
Elizabeth, haven’t you frequently spoken about government overreach and how California has unlawful laws?
So you don’t want government to tell you what to do, but you want it to tell other people what to do.
The First Amendment Coalition is hardly non partisan. Where were they when Twitter was colluding with the government to silence critics of government vaccine policies, cancel doctors etc…? This is a quote from their website under Issues: Press Freedom. They are so very concerned about Trump but they have been silent on the biggest government – new organization cancel culture ever.
‘These are not ordinary times.
Whatever you think of his policies or politics, there is no avoiding the fact that Donald Trump has, in word and deed, made clear — much clearer than any other prominent politician — he is willing to silence, punish, prosecute, and even physically harm journalists, protestors, or others whose message he disagrees with.’
The paragraph above, in the context of what the government and news organizations have done to conservatives and doctors etc… is blaringly partisan.
Stewart: Two words for you: Red. Herring.
Does anyone know of places citizens meet to round table for organized changes?
Loved your comment Tax Dollars At Work.
Whaaaa – why are folks complaining? We have known for a long long time that the Bully Boy 3 majority of the Board of Supervisors are building a crony government. That it is supported by the might makes right crowd and a Constitutional Sheriff. That they were duly elected by the majority of voters in a “rigged” election and therefore are the autocrats that the majority wants to lead the county. The sycophantic toadies that march to orders of the Board Chair, who seems to consider himself King of the County and above the law, don’t care if they violate the law or rights of citizens or the press because there is no consequence. Like two year olds allowed to do as they like with no limits.
The Bully Boy 3 are a reflection of the voting majority and the disinterested sitting in seats bought by on oligarch. There was a chance to change the direction of our county government but 50 voters made the majority decision that might over civility and chaos over progress, (and assaulting members of the press and citizens by word and deed), is what they preferred.
There is more to come because they are not done.
Very nice writing Devin. Thank you.
But, but…they were “just following orders!”
Hmm…I’ve heard that before…but where?
Germany in the 1930s?
I am encouraged that this organization is putting some pressure back on the County. It is ridiculous to see County leadership “circling the wagons” to present a united front when it appears (from the outside) that their “protocol” is nothing more than the Board pressuring their management staff to support their own self-serving agendas.
This treatment of the press is so unacceptable! I truly hope Doni files a legal claim against the Sheriff. The only thing that will generally bring change to an organization like this is a financial consequence. If there is no cost for their actions they will have no incentive to change.
I am so sick of a Board majority that pledges allegiance to the Constitution and then turns around and spits on it.
This is not a democrat/republican issue. This is an issue about egotistical bullies with power who do not respect the citizens who pay their (recently self-increased) salaries.
Who isn’t sick of their antics? If you aren’t then you need to check yourself.
You are absolutely right, this is not a democrat/republican issue. These adult children speak and act for none but their own interests.
They seem intent on destroying our county for their own childish delight and little-man syndrome-esque retribution. I’m sorry jones’ own father did not feel him capable enough to take over the family business but given that the few times he was successful in acquiring a seat on any kind of board he did his very best to run the entity into the ground, his father may have seen something that we too are now subject to. This board majority IS the swamp.
Absolutely right that this is not a Republican/Democrat issue.
The people who are trying to turn it into one are losing side of the bigger picture.
If you are the type of person who is saying freedom for me, but not for thee, then you are eventually going to lose your freedom.
If you are going to give power to people who would take away freedom from some people, then it is only a matter of time before your freedom is taken as well.
I am so sick of them! It’s the “good ol’ boys” thinking that they can do anything they want and get away with it! Thank you Nevin for your reporting, this is something that people need to know about!
Excellent reporting. There are so many serious issues with what transpired at the board meeting. Not the least is that a member of the press was assaulted using a procedure from a protocol which has “not been memorialized in writing”. Really?
The charade has run thin as filament, the constitch has no meaning and zero authority outside law. Good luck Johnson, you’re going to need it.
This is an outrageous attack on our first amendment rights. It’s no longer a shock to see the board majority approve of such a policy to take away our rights, but for the county counsel and sheriff to openly approve of it is shocking. So now a peaceful protester in Shasta County is a “non-citizen”?
Thanks Nevin. Nice work!
Wait. What? The board and four other County agencies “ Crafted a protocol” In secret without putting it in writing? Does Counsel Larmour know how ridiculous that sounds? Outrageous. It seems to me that the county needs to be getting better legal advice.
I mean, clearly Joe Larmour is the best man for the job! Right?!
*Examines his resume*
Ohhh….
Did you see the line on resume where his (then and maybe now) girlfriend works for Kevin Crye’s personal business?
Anybody remember the movie “Mississippi Burning”?
I look forward to the report on last night’s SCBOS meeting. In some ways, Crye, Jones, and Kelstorm are leading what has been a three-year extremist full-blown far-right (MAGA) attack on the Shasta County ROV and California / US election law, which now resembles the new order of MAGA Trumpism…. fascism.
The fact we have 3 people appointed by J.C.K. to the elections commission that advocates breaking election law at the threat of violence is remarkable. But, we have to understand, J.C.K and their followers, who I call the Cartle, are but a microcosm of MAGA America, and they get their permission structure from an adjudicated rapist – 34 count convicted felon who openly states he will be a dictator, and who about half the country says is a fascist, according to an ABC News/Ipsos Poll and yet the J.C.K. Cartel and their neo-confederate militia (Brown Shirts?) voted for and support…
Support the free press while we still have one, and remember, when we do nothing, fascism will do it for us. God (or someone – something) help us all, but all (it) can do is help. “The arc of the moral universe is long, but it bends towards justice.” Dr. Martin Luther King Jr. True, but…. it ain’t going to bend on its own.
The First Amendment Coalition is a Leftist Progressive organization that actually supports D.E.I.
Their “About Us” makes it clear :
https://firstamendmentcoalition.org/about/
Jacobs: Regardless of whether you think FAC is “leftist” I would hope you would support press freedom.
He only supports the Second. Though it was been perverted beyond original meaning. They support The Constitution on the ala carte menu.
That’s right Doug. They only care about press freedom to attack conservatives and remain silent otherwise.
Hey Robert. I hope you are supporting Shasta Scout as Scout lets you and I post on their website.
In some ways, the First Amendment Coalition is kind of like the ACLU, and MAGA has called the ACLU communist, socialist, etc. Please remember that the ACLU defends Nazis in their First Amendment Rights. See: https://www.aclu.org/news/civil-liberties/defending-speech-we-hate
There is a reason it’s called the First Amendment; without the First, all other amendments would be nothing.
ACLU also supported the local Tea Party years ago when the Redding City Council said they could not hand out things in front of the “then” new Redding Library. But they conveniently “forget” that.
So Robert, what you are saying is that freedom of speech shouldn’t apply to everyone?
Thank you for publicizing this!