Holbrook

Robert Holbrook and Herb Katz, both members of the Santa Monica City Council, filed a petition for writ of mandate and complaint for declaratory relief claiming that the city council’s meetings violated the California and United States Constitutions, the Ralph M. Brown Act (Brown Act) (Gov. Code, § 54950 et seq.), and the California Occupational Safety and Health Act of 1973 (Lab. Code, § 6300 et seq.) (Cal-OSHA). The trial court sustained the City of Santa Monica’s demurrer and granted its special motion to strike, and then entered judgment in the city’s favor. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The gravamen of Holbrook and Katz’s lawsuit is the fact that Santa Monica City Council meetings frequently run late into the night and include public comment as the final order of business. Forcing the public to wait so long and stay so late to address the city council, they allege, “in essence deprives the public of their fundamental right to address their local legislative representatives.” Holbrook and Katz assert that this schedule violates the California and United States Constitutions and the Brown Act, and that it causes workers to work excessively…