Mistakes may have been made, but they weren’t bad enough to warrant any punishment, other than time wasted. That seems to be the result of a lawsuit that was settled this week between the City of Santa Barbara and Ampersand Publishing, the parent company of the Santa Barbara News-Press that’s owned by Wendy McCaw.
The lawsuit was filed by Ampersand over the city’s alleged violations of the Brown Act, the law that bans government decision-making bodies from holding secret meetings or discussing policy matters outside the purview of the public. Specifically, the violations took place during a November 2007 meeting of the Transportation and Circulation Committee. The volunteer members were casually speaking about the redesign of De la Guerra Plaza, a project not listed on that month’s agenda.
The plaza redesign has been vehemently attacked by the News-Press columnist Travis Armstrong in his notoriously vicious scribes against City Hall, and the lawsuit was filed after some of those earlier article. The daily paper’s office is located just a few dozen yards from City Hall on the plaza. Critics of Armstrong, who also edits the News-Press opinions section, claim that he refuses to print any opinions counter to his own, including support for a plaza remodel.
In a press release issued by City Hall on Tuesday, October 28, city attorney Steve Wiley said it was clear that the committee discussion was “inadvertent and innocent.” But he realized that, technically, a judge could have found the city in violation, even if no committee decision was made. Because of the money it would have taken to vigorously fight the lawsuit any further, the city decided to settle, explained Wiley. He also admitted in the press release that these violations do “sometimes unintentionally occur,” in part because the committee members comprising the more than 30 civic boards are volunteers strictly serving in advisory roles.
Although the city settled, there are no damages being paid, and each side has agreed to pay for their own attorney and court fees.
An email to Ampersand attorney Barry Cappello and a follow-up call to city attorney Steve Wiley were not immediately returned.
UPDATE: Cappello responded on Wednesday morning with this comment: "The City speaks with a 'forked tongue' in its release. There is no such thing as a technical violation of the Brown Act. Secret meeting laws need to be strictly adhered to. The News-Press was not about to allow the City to get away with this. The City wasted the public's money by fighting this for quite some time until the court finally ruled against them. Their 'press release' that they settled to save money is laughable. The News-Press intends to monitor all governmental agencies of interest to insure they keep the public fully informed 'before' they act, not after as the case in this violation. All local members of the press need to be more vigilant, understand the Brown Act, and hold the governmental officials accountable for the 'public's right to know.'"
Related Links
Double-clicking on any word or phrase in this story will open a reference window with definitions and links to other reference material.
Print friendly
E-mail story
Tip Us Off
iPod friendly
Comments
Bookmark This
Previous Month


Comments
Discussion Guidelines
Just wait for tomorrow's headline.
Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0
sbreader (anonymous profile)
October 28, 2008 at 8:03 p.m. (Suggest removal)
Not that anyone necessarily cares, but I fully support closing De la Guerra Plaza to cars. For about nine months between July 2007 until this March, I had a day job with a firm in the Balboa Building, and regularly walked along De la Guerra on my way to the office. Many times, too many to recall, but maybe 15-20, I almost got flattened by drivers entering and exiting the plaza. Give it back to the people! Heck, here's one to rattle some cages: close the block of De la Guerra between State & Anacapa to car traffic. Think of the possibilities for El Paseo, if people could roam De la Guerra safely and freely on foot or bike.
Cars are basically BS!
Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0
GregMohr (anonymous profile)
October 29, 2008 at 2:01 a.m. (Suggest removal)
DLG park has too many negative vibes with the evil News Suppress standing there. McCaw wants the plaza to benefit her business, she doesn't care about what is best for the neighborhood and pedestrians. So she threatens to sue the city about remodeling the plaza, and she sues about the Brown Act violations. It just wastes taxpayer dollars, the money we pay through parking tickets and utility taxes, money that's dwindling because of the state budget problems.
Also, since El Stupido wrote about Taxin Jackson, now the Strickland numb-nuts are using that slogan against Jackson. What if Strickland wins? The News Suppress will have helped him, and he's not a good candidate who cares about the environment. He's an irritating Republican. The News Suppress is bad for the community, in so many ways.
Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0
BongHit (anonymous profile)
October 29, 2008 at 8:58 a.m. (Suggest removal)
So Greg hates cars and Bong hates the News Press. Personally, I park at De la Guerra Plaza every day for the allowed 15 minutes or less to get a Blenders, or to pick up a quick lunch at Chipolte, or to stop in at Starbucks, or to make a quick visit to the Sunglass store, or to visit any of a number of other businesses in that vicinity. The loss of that ability will definitely impact the amount of patronage I give those businesses. I am sure that is true for a lot of people. I have talked to owners of those businesses and they also oppose the elimination of parking in the Plaza. I am a part-time pedestrian and a part-time driver. I do not read the News Press and cancelled my subscription. But, as Rodney said, can't we all just get along? I'm really sick of all the intolerance in this community for other people's points of view. In fact I won't tolerate it any longer.
Readers say: Thumbs Up: 1 of 1 • Thumbs Down: 0 of 1
flint (anonymous profile)
October 29, 2008 at 9:59 a.m. (Suggest removal)
I am not "on the side of" the News Press, but I think that all of the businesses on the Plaza need vehicular access as they have had for who-knows-how-many years. Including City Hall. When you have to run in to get a dog license or a one day seller's permit to sell at a local festival it is very handy to be able to park inside the Plaza. I've never almost hit a pedestrian coming or going. And those other businesses have back doors where they need to be able to load and unload goods. Please, let's hear from them, how much would it impede (or not impede) their daily business routines? That's what really counts, not my inconvenience of having to park further away and walk to City Hall occasionally.
Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0
Jellyfish (anonymous profile)
October 29, 2008 at 10:02 a.m. (Suggest removal)
The real issue as far as I am concerned is the violation of the Brown Act. The City of Santa Barbara has a history of Brown Act violations, but most victims do not have the deep pockets to call them on it. My run in with the City Council was documented on their own videotape, but those without deep pockets must depend upon the Santa Barbara County District Attorney to follow-up and the DA has "better" things to do. The City Council just accepted a slap on the wrist in the form of a letter from the DA and went about their business as usual. Allowing the City to get away with repeated violations with just a slap on the wrist leads them to believe they do not have to follow the rules, and that leads to community apathy. Unfortunately the Brown Act lacks the necessary teeth to command compliance.
Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0
sgriffin (anonymous profile)
October 29, 2008 at 4:16 p.m. (Suggest removal)
I'm a strong proponent of following the letter and spirit of the Brown Act, and most of my life and career have been, and remain, devoted to constructive collaboration in addressing public problems. By all means, let the open meetings and hearings begin, preferably in the fumey, noisy, open air of De la Guerra Plaza itself. I'll be there.
Readers say: Thumbs Up: 0 of 0 • Thumbs Down: 0 of 0
GregMohr (anonymous profile)
November 6, 2008 at 5:25 a.m. (Suggest removal)
Post a comment