Anyone who has watched governmental procedings knows that what goes on the record is rarely a reflection of what goes on. While the cameras on CSPAN show congresscritters making long,…
Anyone who has watched governmental procedings knows that what goes on the record is rarely a reflection of what goes on. While the cameras on CSPAN show congresscritters making long, profound, even important speeches, a scan of the gallery would show largely empty seats and the remaining folks reading the papers and chit-chatting.
It gets even worse in local government, and some folks — the LA City Council — finally got called on it.
The Council was addressed by a lawyer for a strip club, which had won a zoning variance to keep open after 2 a.m., but was faced with an appeal by neighbors. The Council was supposed to hear on the matter and make a ruling.
The lawyer ran a video camera as he, and other interested parties, addressed the council:
It was June 13, 2003, Hawaiian Shirt Day in the council chamber. Members showed off their tropical finery. Others talked and schmoozed. Some wandered around the room. But very few of the 13 council members appeared to be listening to Diamond or the other speakers, or even sitting at their desks.
Councilman Jack Weiss, pacing behind his chair, was engrossed in a cellphone conversation. Council members Cindy Miscikowski and Bernard C. Parks leaned close in conversation. And Tom LaBonge strolled about in his Hawaiian shirt.
“Nobody, apparently, is listening right now,” Diamond said at one point during his hearing. A few minutes later, he complained again. “We’re all paying attention,” said Council President Alex Padilla, who did appear to be listening to Diamond.
At the end of the hearing, council members voted unanimously against extending hours for the Blue Zebra.
At which point, the attorneys appealed to the courts, who gave the Council quite the hand slap.
In a sharply worded, six-page decision published Thursday, the state’s 2nd District Court of Appeal ruled that the behavior of council members violated the Blue Zebra’s right to be heard and ordered the council to hold a new hearing.
“A picture is worth a thousand words,” the three-judge panel concluded. “A fundamental principle of due process is ‘He who decides must hear.’ The inattentiveness of council members during the hearing prevented the council from satisfying that principle.”
[…] In a footnote, the appellate judges scoffed at “the city’s argument that the hearing was ‘fair’ because council members treated [the strip club] and its opponents alike.” The judges said both “had the right to be equally heard, not equally ignored.”
Good for them. A shame, though, the court didn’t decide in favor of the location, as a “punishment” to the Council. After all, it seems unlikely that the (obviously already-pre-decided) decision will be made any differently, especially with the embarrassment that’s been caused.
The Council, for it’s part, seems peeved.
Councilman Dennis Zine, who did appear to be paying attention during much of Diamond’s videotape, said he “could not believe” the court’s ruling.
“The city should appeal, absolutely,” he said. “It’s impractical for us to sit there like students in a classroom paying attention to the professor.” Meetings are a whirl of activity, he said, in which council members submit proposals for new laws, sign proclamations, catch up with their colleagues and grab snacks, all at the same time.
Maybe they should consider their overly-busy schedule, then, before they have “Hawaiian Shirt Day.”
See what