During the public-comment phase of a Chico City Council meeting, a local resident approached the podium and began speaking about a member of the local community. He was arrested and removed from the meeting.
Mark Herrera is a resident of Chico, a town of nearly 94,000 in northern California. Herrera is a former park commissioner for the city and a one-time candidate for city council.
The Chico City Council is an elected body, with seven nonpartisan members. Sean Morgan is mayor of Chico, and presides over council meetings.
Chico First is a community group that advocates for “public safety.” According to its Facebook page, some of its specific projects are related to “shopping cart” and “locking dumpster” initiatives. It hopes to address issues presented by homelessness in the community.
On May 15, 2018, Mark Herrera attended a Chico City Council meeting. During the public-comment period, he rose to speak about Chico First, which was represented at the meeting by some of its members.
According to The Chico Enterprise-Record, Herrera at one point referred to the leader of the Chico First group in a way that, according to mayor Sean Morgan, bordered on a personal attack. Herrera later stated that his comment was intended to be satirical, and that he was merely poking fun at the group.
Following further comments by Herrera, Morgan ordered that he be detained, and two Chico police officers approached Herrera to escort him out of the meeting. Herrera ignored them, however, and was ultimately arrested for “wilfully disturbing a public meeting.” At the police station, he was found to have a high blood alcohol level on a breathalyzer test. Nevertheless, the Butte County District Attorney’s Office chose not to press charges
Herrera sues city of Chico
Herrera filed a civil complaint in federal court on October 11, 2018. He claimed his First and Fourth Amendment rights were violated during this incident. He named Morgan, the city of Chico, the Chico Police Department, and several individual police officers as defendants in the case. Herrera claims that Morgan violated his rights to freedom of expression and to petition the government when Morgan “unlawfully imposed a content-based restriction to silence [him] and preclude him from further speaking.” The city of Chico has declined to comment on active litigation as of October 20, 2018.
City denies having violated Herrera’s rights
Responding to Herrera’s lawsuit, the city of Chico said police had probable and reasonable cause to detain and arrest him, according to court documents filed on November 4, 2018. The city also denied allegations it violated Herrera’s First and Fourth Amendment rights and demanded a jury trial.
Prepared by Emma Vahey ‘20
Uploaded to Tracker: November 14, 2018