Larkspur to resume online comments at council meetings
Larkspur plans to allow teleconference comments during City Council meetings after a nearly yearlong suspension because of racist and antisemitic interruptions.
The council directed staff at its meeting on Wednesday to prepare a statement that could be used as an admonition against participants who make comments that are deemed workplace discrimination and in violation of council policy.
The statement will be used to inform speakers of the violation and warn that further commenting could be immediately halted if they continue to be in violation of the policy. The statement, modeled after an admonition developed by staff in Corte Madera, would be used only for City Council proceedings.
“We will see what happens,” said Mayor Scot Candell.
City Manager Dan Schwarz said staff plans to allow the resumption of teleconference comments at the Sept. 18 council meeting.
“I have been checking in with councilmembers from time to time about online comments and sensed an interest in resuming the practice,” Schwarz said.
The council has allowed teleconference participation over Zoom since the pandemic. At the meeting on Sept. 20, 2023, during a public comment period, two public commenters made racist and antisemitic slurs, laughed and repeatedly used white supremacist remarks.
Zoom comments were suspended at the next meeting.
The so-called “Zoom-bombings” were widespread around the state, occurring in Tiburon, Walnut Creek, Sacramento and Sonoma County.
“My concern is because of Zoom we are opening it up to people outside our community and you get people from Texas or wherever they are, all they do is call different city councils and spew hate,” said Candell at the meeting on Wednesday.
Councilmember Catherine Way asked if it is legal to require commenters to use a camera when they make teleconference comments.
“Anonymity is a weapon a lot of people use,” she said. “We could always pull the plug if we find that it is a problem. … I think we need to be consistent.”
City Attorney Sky Woodruff said that the Brown Act, a state law on public participation in government proceedings, was untested in the area of the racist and profane interruptions.
“I do think there is reason to be concerned that a court would view preventing people from making a speech, comments, during general public comment at a city council meeting as viewpoint discrimination that is prohibited under the First Amendment,” Woodruff said. “I want to acknowledge that there is a diversity of opinion among legal practitioners in this area, even in Marin County.”
Woodruff additionally noted that, according to state law, the city could not require commenters to identify themselves by name or require video in order to have to right to speak during meetings.
Some have sought to reestablish online comments in order to allow broader input from the public, especially those who are unable to attend meetings.
“The introduction of Zoom during the COVID period is a great enhancement to soliciting public comment,” Joan Lundstrom, a former Larkspur mayor, said in a written comment. “Larkspur has always emphasized public comment and participation. Let’s resume Zoom input.”