Victorville councilmember Blanca Gomez during public comment at the Tuesday, February 21, 2023 council meeting.Photo by(Screenshot by Robert J Hansen) Victorville Councilmember Blanca Gomez was arrested at last Tuesday’s city council meeting and charged with disturbing and interfering with a public meeting.
The Legal Director of the First Amendment (FAC) “expressed strong concern” that Gomez’s removal violated the Brown Act, federal and state constitutions.
“I am asking that the charges against her be dismissed immediately,” David Loy, FAC Director said.
FAC is a nonprofit public interest organization dedicated to advancing free speech, more open and accountable government.
Councilmember Gomez addressed the city council as a member of the public during the time reserved for non-agenda comment.
Shortly after the councilmember began to speak, Victorville Mayor Debra Jones interrupted her, telling Gomez not to continue speaking, and ordered that the microphone be muted then called for a recess.
“During closed session,” Gomez said, when Mayor Jones interrupted her.
Councilmember Gomez, without a microphone, faced the audience and resumed her comments.
“You will follow the rules of decorum or you will be removed,” Jones told Gomez.
But the councilwoman cited the First Amendment and her right to speak as a member of the public.
Gomez told the council she was speaking a about how council members are co-conspiring against her, not an agenda item.
As the council member turned to face the audience, Mayor Jones interrupted Gomez and admonished her for doing so, eventually ordering that she be removed.
When Gomez returned to her seat was arrested by San Bernardino County sheriff’s deputies.
“Whatever the merits of any assertions by Council Member Gomez or any disputes she has with other council members, on which I take no position,” Loy said in a statement. “The removal and arrest of an elected official or community member should be an absolute last resort. Abuse of such power threatens the fabric of democracy and open government.”
He said that the mayor and city council’s actions present significant concerns for freedom of speech, starting with the mayor who may have imposed an unlawful prior restraint on the council member by preventing her from completing her comments.
The mayor interrupted Council Member Gomez before it was possible to know whether Council Member Gomez would disclose any “confidential information” – or whether the council member’s comments would have fallen within either or both of the above exceptions to the Brown Act’s confidentiality provisions. Accordingly, the mayor’s actions present serious concerns under the First Amendment and Brown Act.
“The mayor interrupted Council Member Gomez before it was possible to know whether Council Member Gomez would disclose any ‘confidential information’” Loy said. “The mayor’s actions present serious concerns under the First Amendment and Brown Act.
Loy said that with without probable cause, the arrest may represent retaliation for the exercise of First Amendment rights.
“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because it is ‘offensive or disagreeable.’ The charges against her should be dismissed immediately,” Loy said.
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