Levy

Santa Monica City Charter section 6.10 states, “Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately.”

Here we conclude, among other things, that a city council member did not violate Santa Monica City Charter section 6.10 by speaking with city planning department employees on behalf of a constituent to inquire about a structure built on a neighbor’s property. An injunction to prevent such communication violates the First Amendment. The First Amendment protects everyone, even politicians. (See Beilenson v. Superior Court (1996) 44 Cal.App.4th 944 [ 52 Cal.Rptr.2d 357 ].)

The City of Santa Monica (City) and council member Ken Genser (City) appeal an order denying their “SLAPP” (strategic lawsuit against public participation) motion to strike the lawsuit filed against them by David and Beth Levy (the Levys). (Code Civ. Proc., § 425.16.) We reverse because City’s activity is protected under SLAPP and the Levys did not demonstrate a…