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Trespassing laws could soon be used against unruly visitors at L.A. City Hall

L.A. City Council President Herb Wesson, pictured at a news conference last year, is calling for new measures to crack down on misbehavior by visitors to City Hall.
(Irfan Khan / Los Angeles Times)
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The Los Angeles City Council is preparing a new weapon to use against visitors who yell, play recording devices or cause other disruptions at City Hall: trespassing charges.

The council voted unanimously Wednesday to instruct City Atty. Mike Feuer to prepare legal language that would give officers an additional tool to remove members of the public from any municipal building.

Council President Herb Wesson, who authored the proposal, said the specifics have yet to be worked out. But he argued that officers need the ability to arrest, cite or eject individuals who violate decorum rules.

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“This basically gives us the ability to maintain order,” Wesson said. “You could have an individual now running up and down the hallway here hollering, and we could ask them to be quiet. Basically, this would say, ‘You’re trespassing, please stop.’”

Misdemeanor trespassing carries penalties of up to six months in county jail and/or a fine of up to $1,000. In Los Angeles, it can also be treated as an infraction, which would result in a small fine, said Feuer spokesman Frank Mateljan.

One attorney warned the council’s proposal could raise serious issues of free speech, freedom of assembly and the right to petition the government, depending on how it’s worded.

“It will depend on how they frame this ... but given the history of the City Council and what they’ve done in the past, you have to be suspicious,” said civil rights lawyer Stephen Rohde, who has represented City Hall critics who were ejected from public meetings.

The initiative drew sharp criticism from some of the council’s more frequent visitors. Former mayoral candidate Eric Preven, who speaks frequently at council meetings, voiced alarm at the idea of pursuing trespassing charges against people visiting a public building.

“City Hall is the people’s house. We pay for it,” he said. “And so it doesn’t seem warranted to increase the penalty for breaking the rules when rules at City Hall are already famously politicized.”

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Several council members already have signs in the lobbies of their offices warning visitors that they will be asked to leave if they engage in intimidation or interfere with workers’ activities. Those who refuse to leave will be subject to arrest and prosecution under the state’s trespassing law, the signs say.

Wednesday’s vote follows a series of incidents involving audience members at public meetings. Last year, police arrested attorney Wayne Spindler on suspicion of making threats after he submitted a speaker card to Wesson featuring the N-word and a drawing of a lynching.

No charges were filed. But Wesson, who is African American, obtained a restraining order against Spindler and last week, prosecutors filed a criminal charge against Spindler for illegal possession of an assault weapon.

Spindler argued that officials are retaliating against him for filing a federal civil rights lawsuit against the city. The lawsuit alleges city officials violated Spindler’s free speech and other constitutional rights as they responded to his comment card.

In another incident last year, officers confiscated a blade from another audience member at a council committee meeting. Although no arrest occurred, the speaker was kicked out of the meeting for dancing in the aisle and waving a stuffed bear.

Wesson spokeswoman Vanessa Rodriguez said the council already has the power to remove unruly audience members from public meetings. Adding trespassing language to its ordinance would allow officers to “enforce existing rules of decorum for non-public gathering disturbances,” she said.

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Wesson portrayed the initiative as a public safety matter. School groups taking field trips to City Hall have reported instances when children were scared by other members of the public, he said.

“We have people who come up to them with masks on and spook the children,” he added.

david.zahniser@latimes.com

Twitter: @DavidZahniser

Times staff writer Emily Alpert Reyes contributed to this report.

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