It was quiet in Inglewood City Council chambers on Tuesday as a public commenter, dialing in by phone, spoke about officials’ handling of the death of Bryan Bostic.
Then, the unidentified speaker brought up a recent allegation that Mayor James Butts inappropriately touched a girl at a city event last month. The mayor shifted toward his microphone.
“OK, we’re going to cut the caller, because it’s not true,” said Butts, who has denied the allegation. The timer blinked from 35 seconds down to a red zero.
Though Butts eventually allowed the commenter to resume, a free speech expert told The LA Local the move violated state public meeting law and constitutional free speech rights.
“You don’t get to cut someone off just because you don’t like what they say,” said David Loy, legal director for the nonprofit First Amendment Coalition.
Loy said California public officials are allowed to cut commenters off for a few reasons — like if they go over a time limit or threaten to cause harm — but the truth or untruth of a commenter’s statement isn’t one of them.
California’s public meeting law, called the Brown Act, was designed by state lawmakers to guarantee people an opportunity to speak, Loy said.
“It’s the one time elected leaders are required to be face-to-face with the people they govern,” he said.
Butts told The LA Local that he always intended to let the speaker finish their comment, but that he should not have interjected in the moment.
“I definitely feel that I am a human being, and when someone attacks you in such a vile manner, there’s a chance a human being might react,” said Butts, Inglewood’s mayor of 15 years,.
Tuesday’s meeting was not the first time city officials, and Butts in particular, locked horns with a public commenter. In June, officials gave a four-month meeting ban to Bostic’s family members and supporters who have protested his death in police custody, before backtracking two days later. On Sept. 1, after another regular commenter declared he would cede the last few seconds of his time to the mayor, Butts responded into the microphone that the man was an idiot.
After Butts interrupted the commenter who brought up the inappropriate touching allegation on Tuesday, the meeting broke down. Several audience members began to shout.
“He has the right,” yelled Marie Darden, Bostic’s aunt. She compared the comment to Butts’ own words at previous meetings about her nephew’s death in Inglewood police custody. “You always want to control the narrative. You’re a dictator.”
Butts allowed the speaker to resume after a little less than three minutes, but only after ordering Darden and others removed and spending a few moments of his own telling the caller they were saying untrue and defamatory things.
“I’m not going to sit here and accept it,” Butts said. Later in the meeting, he said the misconduct allegation was an election-season attack.
Loy, the free speech expert, said that even in situations like Tuesday’s where a public official lets a commenter finish their time after interrupting them, it can have a chilling effect on free speech.
“The harm is still done by cutting him off,” Loy said after reviewing footage of the meeting. “I realize it was a heated moment. That is no excuse. They are sworn to uphold the law.”
Butts said he doesn’t feel he has a chilling effect on speakers, but that he runs a business-like meeting.
“I have a great responsibility as a public official, and I have lived it,” he said.
