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Editorial
Lively participation must also be civil
The town council's proposed ordinance on conduct at public meetings is no threat to the First Amendment, nor does it cloud the Brown Act, California's so-called sunshine law.
What the ordinance will do is give the council some recourse when the behavior of one person, or group of people, becomes so disruptive or intimidating that others are afraid to speak. Unfortunately, in the past eight months, Los Gatans have reported feeling intimidated and threatened at public meetings, and staff has complained of abusive treatment.
This is not the way representative government is supposed to work.
The proposed ordinance could easily be named the Ray Davis Rules of Deportment for the avid council watcher and town gadfly whose antics inspired the legislation.
Davis, who arrived eight months ago, sees himself as a guardian of the First Amendment. He believes it's his job to keep town staff and elected officials in line. To his credit, Davis does his homework; he is well versed on every issue on the agenda--every issue. And he speaks on virtually every item.
It's not Davis' passion for local government that is the problem. It's that in the end, it's not about land use or neighborhood concerns or even the behavior of town officials. It's about Ray Davis.
He doesn't just address issues, he performs for an audience. He indulges in personal and mean-spirited attacks on other speakers, council members and staff.
For those who attend council meetings frequently as a civic responsibility, it's become a bore. Davis wastes their time and impedes the process.
For those who come to a council meeting simply to address a particular issue, Davis can be a rude shock. Some--including those who were advocating for a preschool at a local church--have reported that Davis followed them outside council chambers and made threatening remarks.
Despite protests to the contrary, Davis is no doubt happy as a clam to have the current flurry of official activity swirling about him. He's mounting a campaign to save the First Amendment, calling the proposed ordinance the "criminalization of applause at public meetings."
A spontaneous outburst of applause is not about to become a punishable offense in Los Gatos. This is a community with a long history of lively debate and participation in the public process. That enthusiasm will not be diminished by this ordinance.
Indeed, the proposed ordinance is nothing less than an effort to keep enthusiastic public debate alive and well in Los Gatos.
When one man is center stage on every issue--one man who sometimes wears a helmet and carries a plumber's helper at public hearings--council meetings become a joke.
Democracy is far too important to permit town council meetings to become a joke.
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