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Council OKs Plan to Eject Rowdy Critics From Meetings : Politics: Rancho Palos Verdes panel says rule will maintain audience control in public forum. Opponents claim measure violates constitutional right to free speech.

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SPECIAL TO THE TIMES

Loud, boisterous or critical speakers could be ejected from Rancho Palos Verdes City Council meetings by any council member under a resolution given preliminary approval this week.

A council member could ask a speaker to sit down if comments are “personal, impertinent or slanderous” under the rule. If the request is ignored, a Los Angeles County sheriff’s deputy could be called to eject the speaker, and if the behavior persists, the speaker could be barred from meetings.

The measure passed 3 to 2 Monday night. Councilwoman Marilyn Lyon and Mayor Steve Kuykendall voted against it. Kuykendall, who oversees the meetings, said he has the power to eject unruly members of the audience and can handle any problems that arise without the help of the council.

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Council members said the new rule will take the burden off the mayor in maintaining control and will allow council members to discuss whether action should be taken against a speaker.

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Members of the council majority say the rule will help them maintain a polite, focused meeting.

But several residents, including Bob Ciriello, president of the South Bay branch of the American Civil Liberties Union, argued that free speech is not limited to courteous exchange.

“It may well include vehement, caustic and sometimes unpleasantly sharp attacks on government and public officials,” said Ciriello, quoting a landmark U.S. Supreme Court case that grants the public greater freedom to criticize public officials.

Mayor Pro Tem Lee Byrd said the council was not attempting to deprive people of their 1st Amendment right to free speech. However, he said, “I recognize some people get excited, and we don’t want that to continue.”

The rule also could be used to censure a fellow council member.

Byrd said other cities have laws governing conduct at council meetings. Similar rules passed in 1980 are read before Norwalk City Council meetings. A lawsuit was filed, but the court upheld that council’s right to bar speakers from the rest of a meeting for “loud threats or impertinence.”

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Ciriello said the rule passed Monday was created to give the council more control over speakers who repeatedly criticize council members and city practices.

Resident Lois Larue said council members have scared off audience members by raising their voices and criticizing their comments. “I’m furious at the way they have treated audience members,” she said.

Barbara Ferraro, who was appointed to the planning commission Monday, agreed that the council sometimes intimidates speakers, including her. “They can do what they want as far as voting for their convictions. Still, I have the right to speak without being treated with disrespect,” she said.

But Councilman John C. McTaggart compared the new rule to being thrown out of a courtroom for contempt of court.

“It means you have to consider your actions,” said Byrd. “We will treat every person who testifies with politeness and respect, and we must see that they treat us the same.”

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