ESCONDIDO: City to decide whether DVDs equal free speech

Should technology be treated the same as public speech?

By DAVID GARRICK - Staff Writer | Tuesday, April 8, 2008 3:05 PM PDT

ESCONDIDO ---- Escondido city officials will tackle a thorny issue for the first time on Wednesday: Should people be allowed to use DVDs, slide shows or other electronic displays when they address the City Council during public comment periods?

Other California cities have dealt with the issue in a wide variety of ways in recent years. Chula Vista has no restrictions, Carlsbad forces people to submit multimedia materials in advance so they can be pre-screened, and Vista has outlawed the use of multimedia during public comment.

"They run the gamut from being pretty restrictive to saying that anything goes," said City Clerk Marsha Whalen, explaining that Escondido has never addressed the issue. "I can give the council some ideas, but I think we're going to let them lead the way on this issue because there are so many options."

Whalen and City Attorney Jeff Epp have been investigating the issue since two Escondido residents accused the city of censorship on April 2. Their accusations came after Mayor Lori Holt Pfeiler prohibited them from showing a DVD about Palomar Pomerado Health's plans for a downtown medical village.

Pfeiler said Tuesday that she was not censoring the residents, Wally Gutierrez and Robroy Fawcett.

"The most prudent course was to not allow them to show the DVD until the council decides how to handle this," Pfeiler said.

But Councilwoman Marie Waldron said the mayor should have allowed the DVD to be shown in the absence of a policy, because the council has typically allowed multimedia displays.

"We've always had a very open communications policy and we've never had a problem before," said Waldron. "The First Amendment should not be restricted just because they are using electronics to express themselves."

Pfeiler disagreed.

"I don't think DVDs are the same as public comment," she said. "State law requires us to allow 'direct communication,' and it's my interpretation that 'direct communication' does not include DVDs."

Councilmen Sam Abed and Dick Daniels declined this week to criticize the mayor's April 2 decision. But both men also said they support allowing multimedia during the public comment period, as long as the materials are screened for viruses, profanity and pornography.

"I support allowing DVDs as long as they are not abused for anything disrespectful," said Abed.

"We have to catch up with technology," said Daniels. "But face-to-face communication should still be considered the most effective way to address the council. We don't want people just dropping off a DVD and not speaking to us."

Epp, the city attorney, said he will give the council several factors to consider on Wednesday, including whether multimedia displays must stay within the three-minute limit for talking to the council and whether people could show the same DVD week after week.

Wednesday's council meeting will begin at 4 p.m. at City Hall, 201 N. Broadway.

Contact staff writer David Garrick at (760) 740-5468 or dgarrick@nctimes.com.

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42 comment(s)[-]Go to Top

Marie-Anne wrote on Apr 8, 2008 2:23 PM:WOW! Pfeiler disagrees again with the rest of the council? She actually takes a stand on something? She actually knows what was about to be presented to her was more evidence that she can't hold anything or anyone accountable when it comes to standing up in the face of big issues. She sure has changed over the last decade, and its about time Excondido moves in a different direction. DO NOT reelect Lori Holt!

Escondeeter wrote on Apr 8, 2008 4:38 PM:Pfeiler's 'interpretation' of the meaning of 'direct communication' is hers and hers alone. First, the phrase is 'directly address', not 'direct communication', and it's located in section 54954.3(a) of the Government Code and it or something similar has been there since the Brown Act was passed in 1953. Its purpose was to assure what one court referred to as "the people's inalienable right to be present and to be heard". Her interpretation has never been reached by any court that has reviewed that section.

The claim that she wanted to 'avoid setting a precedent' is equally unpersuasive. City Councils are not bound by precedent, they can, and do, change policies at any time.

The proposal goes beyond prohibiting DVD's, to includes denying the public the right to use audio, and PowerPoint presentations. In some cases, those are the most effective way to make the case to the Council, and she wants to deny them to the public, while permitting those who engage in speech related to items on the agenda to use them. Essentially, that means there'd be two rules, one for the topics the public cares about, and another for those topics the Council pre-selects. What that amounts to is making a distinction based on content which raises some significant constitutional questions.

The Council can make common sense rules for its meetings, probably including restrictions on the form of communications, but if it's going to do so, those restrictions should apply to both agenda items and non-agenda items. Failing to do that gives developers rights that we lowly citizens are denied.

EscoWatch wrote on Apr 8, 2008 8:19 PM:Sure its good to have some sort of guidelines. However, since the council didn't have any rules in place when he wanted to play some video, Mayor Pfeiler should have allowed him the courtesy to show it. She could have prefaced this by saying that this would not set a precident and that the council would review the matter. To not allow this was a slap in the face of a citizen just trying to address the council the best he could. Our Mayor wasn't acting in an appropriate manner.

Bad News wrote on Apr 8, 2008 9:10 PM:Pfeiler is Bad News.

Strong Arm Mayor wrote on Apr 8, 2008 9:13 PM:I guess when you have a "strong arm" mayor system, the mayor gets to call the shots. I think the Mayor disrespected the citizen by not playing the video after he had done all that was required of him. The Mayor also disrespected the other councilmembers when she didn't ask what their wishes were and to go with what the majority wanted. Last time I checked this was a democracy.

Censoring wrote on Apr 8, 2008 9:13 PM:Pfeiler was censoring Mr Gutierrez.... because the council has typically allowed multimedia displays in the past.

Censorship wrote on Apr 8, 2008 9:19 PM:How do you spell censorship........... P F E I L E R

Lori is BAD news wrote on Apr 8, 2008 9:22 PM:P F E I L E R is BAD news

Use Technology wrote on Apr 8, 2008 9:30 PM:The point isn't about DVD's. It's about videos and media in general. Other forms of media should be allowed when they are appropriate and accompanied by a speaker who is using them to clarify or make a point. The Mayor needs to jump into this century and start using technology, not just talk about it.

Crazy wrote on Apr 8, 2008 9:37 PM:The video was played on March 12, 2007, at the 4 pm Escondido City Council meeting. The sound did not work so Wally was told he could play it at the next meeting. His presentation, including the DVD, lasted 2 minutes 15 seconds! The Mayor was not at the March 12th meeting. The DVD has clips of the promises PPH Chair Dr. Rivera delivered to the City Council on 2/8/06 to improve the downtown site, when PPH wanted a zoning change to build a hospital in the ERTC. The Mayor's is opposed the content of the DVD. The state law interpretation was just a smoke screen. This is a disturbing trend. PPH recently banned a weekly paper from its hospitals after the paper published articles critical of PPH.

Chaos wrote on Apr 8, 2008 9:42 PM:The Mayor needs to take a few lessons on how to chair a meeting, and the City Attorney need to brush up on his role as a parlimentarian. The Mayor interrupted and talked over two Council Members who wanted to allow the video to be played. Then during council discussion, the City Attorney interrupted a Council Member when it was readily apparent that the Council was going to overrule the Mayor's decision. Total Chaos. Rules of Order mean nothing to the Mayor and City Attorney. The Mayor did not want the video shown, and the City Attorney twists state sunshine to prevent the sun from shining!

Available On The Internet wrote on Apr 8, 2008 9:45 PM:The video is now available on the internet. The link was given to David Garrick, but it seems NCTIMES is afraid to cross the Mayor.

Available On The Internet wrote on Apr 8, 2008 9:51 PM:Search for 'pfeiler refuses dvd'. The Mayor needs to get up to speed on technology. I imagine she still listed in LPs on her HiFi.

TechnoPhobes wrote on Apr 8, 2008 10:02 PM:The fear is that someone will play pornography and profanity? What a lame cover story! Who is going to do that? This is the mindset that feared the printing press, learning to read, the internet, etc. Soon the City may need stop broadcasting the meetings bacause of the obscene stuff going on at City Hall.

Violent City Videos wrote on Apr 8, 2008 10:06 PM:The EPD showed red-light camera videos to the City Council of cars getting T-boned at Escondido intersections, in order to convince the City to expand the red-light camera program. Does the EPD have greater rights than the citizens of the community?

Internet Hit! wrote on Apr 8, 2008 10:30 PM:The banned video already has 117 views! Look up 'health complex escondido'.

Irrational wrote on Apr 8, 2008 10:38 PM:Downtown will suffer if the Mayor's irrational position is allowed to stand!

Escondodo wrote on Apr 9, 2008 3:26 AM:It is very telling that this particular video was the one chosen to set policy, especially since it is an excerpt of a previous council meeting! This is absurd. I have to agree, though, about the content. I was deeply offended when I witnessed mr rivera spouting these gross exagerations the first time around. This delaying tactic only brings the issue to the forefront.

Local wrote on Apr 9, 2008 3:44 AM:The mayor will decide what constitutes free speech in Escondido. She's the boss. The rest of us are just insignificant underlings. Her very well paid staff will make sure of it. Over my dead body.

Fool on the Hill wrote on Apr 9, 2008 4:06 AM:As I remember, the mayor loved mr rivera's comments the first time they were witnessed in these very same council chambers. What goes around - comes around!

The Test wrote on Apr 9, 2008 5:32 AM:Will the Escondido City Council allow the Mayor to get away with this ? Only time will tell.

To Strong Arm Mayor wrote on Apr 9, 2008 5:49 AM:I could have not said it better

Prudent wrote on Apr 9, 2008 5:53 AM:When I think of Mayor Lori Holt Pfeiler. Prudent would not be the word that I would use......

Not the Queen wrote on Apr 9, 2008 7:37 AM:The mayor totally ignored the wishes of the other council members. Its only a matter of time until she ignores the wishes of the people. This is just the start. I don't recall her being elected Queen.

a mess wrote on Apr 9, 2008 7:50 AM:You guys are a mess. The Mayor makes great decisions, you just don't know about them because the NCT doesn't write about them. Relax. She's a good mayor. There are others that are far more worrisome than her, believe me.

To "a mess" wrote on Apr 9, 2008 8:17 AM:If you are calling this a "great decision", I don't think we can trust your judgment. If this is her stellar moment, then she should be glad that the NCT doesn’t write about more of them. What an embarrassment!

Alright then! wrote on Apr 9, 2008 8:51 AM:Wally should be our Mayor and then we can watch our city be overtaken by chaos.

Tina P wrote on Apr 9, 2008 8:52 AM:Gee, I wonder how many of the above comments were made by Mr. Gutierrez?

Why Burden This Citizen? wrote on Apr 9, 2008 8:55 AM:Why burden Wally with the policy issues? The City had a copy of the video before the meeting. The video is a clip from an earlier City Council meeting on 2/8/08. The City Council will give policy direction to staff. Staff will then go write a proposed policy. Then staff will come back with a proposed policy. Then the City Council will need to approve the policy. The pupose is to delay the message?

Elected Queen? wrote on Apr 9, 2008 8:59 AM:Not a chance!

Diversion wrote on Apr 9, 2008 9:12 AM:This tempest in a teapot draws attention away from the issue of the real estate collapse hitting Escondido. Read the front page!

' The median sales price in North County for last month fell 23.4 percent from a year ago'
www.nctimes.com/articles/2008/04/09/business/992c1db27981e68088257425006100be.txt

Property tax revenues will decline in 2009. The City, Palomar College, and Palomar Pomerado Health all convinced voters to approve big bond measures. The question of the day is whether suffering property owners will be hit with tax rate increases during this housing downturn to pay of all of these new facilities.

Good for the Goose wrote on Apr 9, 2008 9:25 AM:If the council uses DVDs, videos, power point or other technology during its meetings, then so should citizens be able to use the same. The EUHSD hired consultants when they were planning to build their legacy mega school who used a power point presentation and allowed citizen speakers to do the same. At least they are consistent. What is good for the goose, should be for the gander. You can't disallow what you use yourself!

long time Esco resident wrote on Apr 9, 2008 9:30 AM:While I don't particularly agree with Mayor Holt Pfeiler's decision, I do know that Wally Gutierres is not happy unless he's causing controversy. I've seen it with my own two eyes for years now. Some people are just that way! Sure wish he could tunnel all of that negative energy and switch his focus on something positive for a change.

Information Age wrote on Apr 9, 2008 9:35 AM:Information just wants to be free!

to Good for the Goose wrote on Apr 9, 2008 9:51 AM:using your logic, citizens should have the same power and authority as the mayor and city council??? pull your head out of the sand, my friend. the mayor and city council members were elected for a reason. citizens do NOT have the same rights as these elected officials. you've been goosed if you really believe what you wrote.

Good for Chula Vista wrote on Apr 9, 2008 10:29 AM:Chula Vista has the best policy!

Todd wrote on Apr 9, 2008 10:38 AM:The public should and must be allowed to address elected and representing officials in an open manner. If DVDs and other multimedia devices make the presentation more effective and enable the person to more effectively get his/her points across - so be it. Pfeiler has no problem with multimedia presentations at SANDAG (she is vice chair of Board) where she uses them exhaustively. The Pfeiler today is not the Pfeiler of yesterday. A woman deeply concerned with the public's well-being has evolved into a power hungry, schmoozing, stereotypical politician most concerned with furthering her own career and interests.

Resident wrote on Apr 9, 2008 11:58 AM:Makers of bad policy can be voted out as easily as they were voted in. My vote says that the mayor will be sitting on the other side of the dais in a couple of years if not sooner.

to long time Esco resident wrote on Apr 9, 2008 1:42 PM:FYI, Wally didn't cause this controversy. It was totally caused by our Mayor trying to manipulate and control Oral Communications, even over the objections of the majority of the other councilmen. It would be nice if Wally didn't have to fight these ridiculous fights so he could use his energy for better use - like making sure that PPH follows through on what they said they would do downtown. That is not negative energy, it is fighting for what is good for Escondido.

We GET WHAT WE DESERVE wrote on Apr 9, 2008 2:14 PM:We only have ourselves to blame for continuing to vote for Pfeiler for mayor! Censorship and liberalism all in one. What happened to tolerance?

Curious Resident wrote on Apr 10, 2008 9:21 AM:to the poster at 1:42pm---why should Wally or any other citizen have the task to "make sure that PPH follows through"--? were these guys elected into a supervisory role?? we're just trying to figure out why they are so passionate about this issue. seems a little strange!

To Curious Resident wrote on Apr 12, 2008 3:58 AM:Why, indeed? Wally and 'these guys' are just doing the job that the mayor's ad hoc committee doesn't have the stomach to do. Some of us get tax bills on a regular basis and want to know how our hard-earned money is being spent!

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