Rights suit is filed by city activist

GLENDALE — Resident Herbert Molano filed a lawsuit against city officials Tuesday, claiming his first amendment rights, and the rights of others, have been violated in city meetings.

Named in the suit are the city of Glendale, Mayor Dave Weaver and 25 unnamed individuals referred to as "Does."

Molano — who also filed suit against the environmental impact report for the city's Downtown Specific Plan in December — is a frequent critic of many areas of city government and a regular speaker at council meetings.

In the suit filed Tuesday, he claims that Weaver hampered his right to speak at a June council meeting, a practice which he said is spreading throughout Glendale public agencies.

"The same constraints on public speech I've found with the Civil Service Commission, the Planning Commission, the Budget Study Sessions, the Charter Review Committee," he said.

The suit refers to an incident that took place at the June 13, 2006 City Council meeting when he attempted to respond to comments made by Weaver and was denied the chance, he said.

"Mayor Weaver started an attack on my person on some issues I had written about the News-Press," Molano said. "I then went up to [tell him] that he was in violation of the Brown Act and he cannot bring up such topics at a public session."

During a public-comment at the meeting, Molano accused the council of approving salary increases for city employees in exchange for employee-union contributions to their campaign coffers..

After Molano concluded his speech, Weaver asked him either present evidence of his claims to the district attorney or to stop accusing the council of corruption.

When Molano attempted to return to the podium to respond, Weaver noted that he had used up his comment time and asked him to sit down. When Molano failed to do so, Weaver called up police officers and threatened to have him removed from Council Chambers.

"He had completed his time [to speak]," Weaver said of the incident. "I'm running the council meeting, I can recognize any other council member [to speak] but the audience does not come back up."

Weaver does not understand why Molano is wasting his financial resources to attack the city, he said.

"It's another frivolous lawsuit," Weaver said. "He ought to get out there and try to do something positive for the city rather than tear it down right and left."

Two days after the meeting Molano filed a $1 million claim against the city, which he said was denied.

The city attorney's office would not comment because they said they have not yet received the lawsuit.