City Council
Report
City Council Meeting: July 23, 2024
Agenda Item: 14.B
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To: Mayor and City Council
From: Douglas Sloan, City Attorney, City Attorney's Office, Administration Subject: Adoption of a Resolution Disapproving Signs Placed on the Third Street Promenade
Recommended Action
Offered for City Council consideration is a Resolution expressing the Council’s disapproval of signs placed on the Third Street Promenade brought pursuant to a Council 16 Item.
Summary
The Council approved a 16 Item to direct the City Attorney to prepare a resolution expressing the Council’s disapproval of signs posted on the front of a building on the Third Street Promenade that, in part, state that the City Manager approves of the County’s “free needle and meth pipe” program, which is not accurate, and based upon testimony of local businesses, the signs are unjustifiably harming those businesses.
Discussion
Just as individuals have First Amendment rights to free speech, the City Council also has a First Amendment right to express views on matters of public interest under the “Government Speech” doctrine. As harm can come from expression that is false and/or counter to the public interest, the City Council may feel compelled to express its disapproval of harmful and/or counterproductive speech, such as the referenced signs.
The Council may approve the Resolution, which expresses the Council’s views on the signs.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the proposed action.
Prepared By: Douglas Sloan, City Attorney
Approved Forwarded to Council
Attachments:
A. Resolution re Promenade Signs 072324
B. Written Comments