How has COVID-19 impacted our First Amendment Rights?

By Clayton Watch

Dear Clayton Community,

The First Amendment of the Constitution guarantees our right as citizens, among other things, to criticize government. Because of COVID-19 restrictions, it is becoming more and more difficult to confront our local elected officials and hold them accountable for their actions. Moreover, the Governor has suspended a lot of the Ralph M. Brown Act and the Bagley-Keene Open Meeting Act, 2004 that guarantees the public's right to attend, participate and be heard at public meetings, and to participate in the government's decision making process.

These Acts even stress the importance of public participation and having a seat at the table. Section 54953, Teleconference Meetings, The Ralph M, Brown Act, States: "Teleconference Meetings may be held under carefully defined conditions.

The meeting notice must specifically identify all teleconference locations, and each such location must be fully accessible to the public". Zoom meetings are the new teleconference meetings and the homes of all the council members are such locations. I have asked the our city manager to clarify if this section of The Brown Act has been suspended, but she has not responded. In the past, if Clayton citizens wanted to confront the council, they could go to a council meeting in force and voice their concerns.

NOT ANY MORE. The council is now safely tucked away in their homes and compartmentalized in their little virtual squares, and we have no way to confront them except to do so in our intentionally controlled little virtual squares. This gives them a lot of protection from direct public contact and it makes it a lot easier for them to make decisions that are not in our best interest and for us to hold them accountable.

This just occurred with the treatment of Jeff Wan. Unfortunately, this is only the beginning. A lot of people expressed to me their anger and frustration over Jeff''s treatment and their inability to express it publicly.

So, I encouraged them to write a letter to the council and some did. The city manager and city council need to develop a plan to open these meetings back up.
It can be done safely and has been done by other cities.

Final comment, the editor and owner of our local paper posted a very unprofessional rant condemning a group of Clayton citizens (Pam and I were part of it) for a peaceful protest without even contacting anyone that was there for comment.

She did not post a rant condemning the BLM protest in Clayton against racism and hate that occurred in another state, and it cost the city and our local businesses a substantial amount of money.

Not once but twice they protested, but she was silent. Our city leaders even marched with them and provided pizza and water as a reward.

I also don't recall her condemning a protest against a local business that occurred last year. I am not saying any were right or wrong, just stop the hypocrisy. City Council, put together a plan to open up these council meeting.

Sincerely,

Bill Walcutt

We appreciate you for reading this article.

--------------------------------------------------------

Please support our cause with a small donation today!

Donate