Ribakoff

Ribakoff v. City of Long Beach

Good Law
238 Cal. Rptr. 3d 81·27 Cal. App. 5th 150
Court of Appeal of CaliforniaSeptember 13, 2018B279462California11,226 words

Opinion

lead Opinion

Goodman, J.

*154 Joe Ribakoff, a frequent attendee at meetings of the Long Beach Transit Company Board of Directors, filled out a public *85 speaker's card and spoke on agenda item 10 at the board's August 24, 2015 *155 meeting for the three minutes allowed each public speaker on an agenda item. When he rose to speak a second time on the same agenda item, it was during the board's deliberation and voting period. He was not permitted to speak, and, after a short exchange with the chair of the board, left the speaker's podium with the verbal assistance of a Long Beach Police Officer who routinely provided security for meetings. Later, Ribakoff filed this action, asking that we reverse the trial court and determine that the board's three-minute limit on public speakers is contrary to state statutes and federal and state free speech principles.

In the published portions of this opinion we address the standard of review to be applied and Ribakoff's claims under the Ralph M. Brown Act (the Brown Act; Gov. Code, § 54950, et seq. ) and the First Amendment, concluding that his claims lack merit. In the unpublished portions of the opinion, we conclude that Ribakoff correctly asserted his claim under…

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