Jamgotchian v. Cal. Horses Racing Bd.
The Bagley-Keene Open Meeting Act (the Act) sets forth basic requirements for open meetings by various state entities, including defendant California Horse Racing Board (the Board), and mandates public access to and an opportunity for participation in the actions of those entities. (Gov. Code, 11120, 11121.) Plaintiff Jerry Jamgotchian appeals the dismissal of his complaint seeking declaratory and injunctive relief on the ground that the Board had repeatedly violated the Act when defendants Richard Shapiro (former chairman of the Board) and Ingrid Fermin (former executive director) curtailed his right to speak and criticize the Board at its meetings. We find that the trial court properly sustained the Boards demurrer, because complete transcripts of the hearings in question (of which the trial court took judicial notice) reveal that Jamgotchian either did speak or was justifiably curtailed from speaking when, for example, he wanted to speak about issues not on the agenda. Jamgotchian thus failed to establish any violations of the Act.
Comments on Jamgotchian v. Cal. Horses Racing Bd.