Los Angeles Times Communications LLC v. Los Angeles County Board of Supervisors

INTRODUCTION

“People in an open society do not demand infallibility from their institutions, but it is difficult for them to accept what they are prohibited from observing. . . .” (Richmond Newspapers, Inc. v. Virginia (1980) 448 U.S. 555, 572 [ 65 L.Ed.2d 973 , 100 S.Ct. 2814 ] (opn. of Burger, C. J.).)

With few exceptions, the Ralph M. Brown Act obligates government agencies to meet and act in public. (Gov. Code, § 54950 et seq. (the Brown Act).) Richard P. McKee is president of the California First Amendment Coalition, a group dedicated to enforcing the Brown Act and the California Public Records Act. (§ 6250 et seq. (the Public Records Act).) This appeal arises from a suit filed by McKee and the Los Angeles Times against the Los Angeles County Board of Supervisors for violating the Brown Act.

Appellants’ petition sought a writ of mandate and declaratory and injunctive relief based on seven causes of action arising from various alleged Brown Act violations. The trial court granted appellants declaratory relief on three causes of action addressing three different Board meetings, but found for the Board on the other claims. Neither side sought appellate review on the…