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Restraining Orders: Public Access versus Employee Safety

This session is part of the three-day Civil Law and Litigation 2011 Annual Conference.

Public entities are increasingly finding themselves in situations where they need to file for temporary restraining orders (TRO).   Access to public buildings and meetings have been open to civic-minded citizens who actively participate in their local government.  However, when these individuals become agitated and public employees feel threatened, local governments must act to protect their employees.  Courts must decide when and how to limit access to public buildings.

In City of San Jose v. William Garbett, filed in November 2010, an Appellate Court affirmed that conduct  meeting the conditions for an injunction under Code of Civil Procedure section 527.8 can be restricted.  The Garbett case established that public entities can seek to curtail repeat offenders or conduct that escalates or develops into what has been classified as more than merely annoying or unprotected speech.

This presentation will provide background on the Garbett case and the TRO process under CCP 527.8.

For details about the Conference and to register, visit the County Counsels’ Association of California website.