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determine from the record how a particular member voted, or whether a member abstained. It is
advisable to include the vote tally, and any abstentions, as part of the minutes.

(Government Code §§ 54953(c), 54956.5, 54957.1.)

E. DISRUPTION OF MEETINGS

Although the Brown Act provides an opportunity for public comment on any item
within the subject matter jurisdiction of the legislative body, legislative bodies have the right to
control the conduct of their meetings, including placing reasonable time limits on public
comment and determining the order of the agenda.

(Government Code § 54954.3(b); Ribakoff v. City of Long Beach (2018) 27 Cal.App.5th 150;
Chaffee v. San Francisco Library Commission (2005) 134 Cal.App.4th 109, 116; Coalition of
Labor, Agriculture & Business v. County of Santa Barbara (2005) 129 Cal.App.4th 205, 209.)

If a person or group of persons disrupt the orderly conduct of a meeting, the
legislative body has a right to order those persons removed from the meeting. This includes
teleconferenced meetings and meetings where members of the public participate remotely. If
order still cannot be restored after removal of the individuals disrupting the meeting, members of
the legislative body can order the room cleared and continue with the meeting. The legislative
body is not, however, permitted to address disruption by reconvening in a separate room.
Appendix 7 contains sample guidelines for conducting orderly legislative body meetings.

In some circumstances, an advance restrictive order may be obtained in order to
place limitations on an individual’s attendance at public meetings when there is a credible threat
of violence from that person. Such threats are not constitutionally protected speech.

(Government Code §§ 54957.9, 54957.95, 54957.96; Penal Code § 403; Elections Code § 18340;
th
Berkeley People’s Alliance v. City of Berkley (2025) 114 Cal.App.5 984; City of Los Angeles v.
Herman (2020) 54 Cal.App.5th 97; Acosta v. City of Costa Mesa (9th Cir. 2013) 718 F.3d 800;
White v. City of Norwalk (9th Cir. 1990) 900 F.2d 1421, 1425.)

F. MEETINGS MUST BE ACCESSIBLE TO ALL INDIVIDUALS

All open and public meetings must be accessible to disabled persons and meet the
protections and prohibitions of the ADA. ADA accommodation applies to legislative body
members. Remote participation may be a reasonable accommodation for a member with a
qualifying disability.

The legislative body must have and implement a procedure for receiving and
swiftly resolving requests for reasonable accommodation, resolving any doubt in favor of
accessibility. In each instance in which notice of the time of the meeting is otherwise given or the
agenda for the meeting is otherwise posted, the legislative body must also give notice of the
procedure for receiving and resolving requests for accommodation.

28 LozanoSmith.com 2026 Brown Act Handbook