ACLU Warns Irvine City Council of First Amendment Violations

The ACLU issued a follow up letter to their March 22, 2022 letter warning the Irvine City Council that censorship of public comments raises First Amendment concerns. This is the second letter to the Irvine City Council from the ACLU in the last month pertaining to the changes made to the Irvine Sunshine Ordinance.
Read the pdf version of letter here.
2022.04.19 ACLU Follow Up ltr to Irvine FINAL w attachments
14 Comments
Sylvia Walker
April 19, 2022 at 5:31 pmIt is often helpful to understand how policies and procedures came about. Here is some background on how these “new decorum” policies and procedures were adopted:
From a City memo dated March 22, 2022: “At its meeting of November 23, 2021, the City Council appointed a subcommittee consisting of Mayor Khan and Councilmember Carroll to review and develop recommended updates to the City Council Policies and Procedures.” These new decorum rules for Irvine city council meetings that were discussed in the ACLU letter came from Khan and Carroll meetings on this.
Also of note: The final vote on this was 4-1 to approve the newly proposed “decorum rules” for Irvine city council meetings. Khan, Carroll, Kim, Kuo voted Yes. Agran voted No.
rgurien
April 19, 2022 at 6:14 pmIf I were an Irvine Councilmember, I’d be thinking about finding a new city attorney right about now…
Katherine Daigle
April 19, 2022 at 7:39 pmONCE AGAIN CARROLL, KHAN, KIM, and KUO try to bully from the Dias – ACLU KICKS Carroll, Khan, Kim, and Kuo IN THE TEETH – elated to see CARROLL and Melching stifled!
Carroll does not like his crimes out in full view. Too bad, I am looking forward to the demise of this Council and the removal of Carroll for fraud. If given the opportunity to serve, I will do it myself. The evidence is available – the people need to be shown “OPTICS”! Strong Conservatives who value integrity, morals, and ethics, thank goodness for “TRUTH Social”
sayno2noodoe
April 19, 2022 at 8:00 pmThis group of councilmembers needs to go. The city attorney is a travesty for covering up behind the scenes dealings with a foreign company to the detriment of Irvine visitors and residents. I would vote for Mr. Agran or anyone who has the balls to uphold our Constitution and justice, has a true sense of decency for public service, and serve in the best interest of the people and community, not lining the pockets of foreign corporations that falsified operations, products, and blatantly violate rules of law.
Dee Fox
April 20, 2022 at 12:00 amI can’t wait to speak this Tuesday regarding Mike Carroll’s fraudulent activities that plaintiffs stated in their lawsuit. Farrah Khan has covered up his theft of over $70,000 and she is ignoring his history of what the plaintiffs stated was operating a PONZI scheme, all while he sits on a billion dollar energy program funded by Irvine taxpayers. He will be collecting his “commission” checks from power companies while residents pay MORE for their not so green energy. Opt out now people or you will be locked in for 6 months. This program has been proven to be a scam…Mike Carroll doesn’t have to show proof of non sourced, Clean Energy purchases for 3 years. So he will be purchasing cheap fossil fuel, charging customers the rate for 100% renewable, and then feeding it into the SCE grid, bringing down the percent of renewables that are currently at 38%. Climate change activists seem to be looking the other way and not doing their due diligence. You would think they would investigate the operation of this program instead of just endorsing it. They were calling out Mike Carroll in the beginning for financial concerns, and transparency issues, and now that it’s up and running they seem to want to believe he will operate legally. Well, corrupt people don’t just change their ways, they get better at it especially when people all around him are covering up for him. And unfortunately he won’t suffer any consequences because he covered himself in the Joint Powers Agreement. It will be the member cities general funds that will suffer and Farrah Khan, along with the other city Mayors. Meanwhile, Mike Carroll, Don Wagner and whoever else is involved, will have already profited off of taxpayers. Common sense tells us this program is setup for profit, certainly not for helping the environment. All anyone has to do is look at the operation of this organization and look at how much more you will be paying for energy that you can’t even verify is clean … for 3 years! Marin County just got caught because their 3 years were up and they had to show their emissions content purchases. And you can only imagine how cheated the residents felt! Especially when they can’t get out until 6 months after they give notice. Opt out now while you can by calling (866)262-7693 options 1, 4, 2 and have your 12-digit account number ready to enter. They can’t profit from us if they don’t have our money.
DeeDeeFox
April 23, 2022 at 2:19 pmI look forward to seeing Dee Fox get sued for defamation. Dee, you understand that an attorney for a company is not guilty for crimes committed by the company unless they were explicitly involved in the crimes, right? And you have been told numerous times on numerous social media channels that he did not “steal” $70,000 or “get convicted of fraud by a Federal Judge.” You and your plan Daigle are going to end up owing him a lot of money if you keep speaking with a reckless disregard for the truth. Who will pay the judgement against you after your went bankrupt and stiffed Mervyns and Sears. Is your fixation with Carroll based on the fact that he is successful and you are not? Carroll earns your monthly income in 2-3 hours of legal work, no wonder you are so jealous.
Dee Fox
April 20, 2022 at 11:43 amIn response to RGURIEN: Actually the City Attorney is taking direction from Mike Carroll. If you look at the video from the the first time I was shut down, Mike Carroll is motioning for the City Attorney to shut me down. The City Attorney is hired by the City Council and he can be fired by the City Council. If he doesn’t do as they say, he knows they will fire him. I feel that he put his career on the line by listening to Mike Carroll and that is sad but it was his choice. The City Council should not have control over our city attorney. It places every legal document that the city attorney approves as questionable. A perfect example of this is the Orange County Joint Powers Agreement (OCJPA) where it places the City of Irvine in a huge financial liability with long term power contracts that are being authorized by Mike Carroll, Farrah Khan, and Brian Probolsky. The OCJPA protects its Board Members but NOT the City of Irvine’s general fund. And the City Attorney signed off on it giving this organization approval to enter into energy contracts and bank loans using the City of Irvine as collateral. It is outrageous! So any attorney hired by this council will be beholden to them. The only way to fix this is to remove Irvine from being a Charter City. This is a discussion for another time.
Dee Fox
April 23, 2022 at 6:42 pmWow! Who is the fake “DeeDeeFox” that is so upset? I appreciate your concern but you are being blind-sided.
I am stating what it says in the court documents and I assume you have read them. It specifically mentions Mike Carroll by name as being one of the perpetrators. If you are trying to tell me that Mike Carroll was acting as the ATTORNEY for Sage Credit Company, you couldn’t be more wrong. I have the papers that were served and who represented this company, and it wasn’t Mike Carroll. I have a lot of documents that say an awful lot, so try another excuse.
As far as Mike Carroll’s theft of over $70,000 in taxpayer funds, you may sugar coat it however you want. It actually may be considered extortion. Do you prefer that term instead? Allow me to give you the definitions:
THEFT: the taking of another persons property or services without that person’s permission or consent
EXTORTION: illegal use of one’s official position or powers to obtain property or funds
I think it’s more inline with extortion. So feel free to quote me as saying that. By you hiding behind a fake profile it gives cause for other concerns regarding Mike Carroll. He had the City Attorney try to intimidate me and you see where that got him. So who is Mike Carroll going to hide behind now? The guy is a loser and has had no “real” job for any significant amount of time except sitting on committees and brown-nosing politicians. So let’s just call this what it is and have Mike Carroll save himself from further humiliation. The public trust is gone and now he needs to do the honorable thing of apologizing and making restitution, admit his past illegal actions and then step down. But I won’t hold my breath.
DeeDeeFox
April 24, 2022 at 10:27 amDee, tell us about Jay Newman. Who is he and why does he write exactly like you on NextDoor? Answer that first. Everyone knows you were kicked off of NextDoor and created the fake JayNewman account.
Next, please quote the part of of the definition of theft or extortion where it says that it includes a FULLY RATIFIED ACTION. You know you can’t keep saying he “stole” the money, because even if it was true at one time, it is not true now because the City Council of Irvine California voted to approve the budget.
It’s sad that when someone like you speaks so recklessly, they do so because they have nothing to lose. Even if Mike Carroll (or Farrah Khan) or the many other people you defame got a judgment against you, they would never be able to collect anything because you have nothing.
Tell the Irvine Watchdog readers why a woman who couldn’t pay her Mervyns or Sears bills is an expert on a complex issue like JPA power purchasing. I will wait.
Dee Fox
April 24, 2022 at 11:37 pmI have no idea why my divorce and subsequent BK over a decade ago has anything to do with this topic. I am not in a position of making financial decisions with other peoples money…so trying to demean me isn’t going to work. That’s a Mike Carroll tactic and a very sad one. Brian Probolsky filed bankruptcy and almost lost his home. So let’s put the facts out on the table we’re they need to be. You can use city resources and taxpayer funds to investigate me all you want…I have nothing to hide but I am also not the one that needs to answer to the public. Regarding Mike Carroll’s theft, what you are essentially saying is that it’s okay that he stole funds and used them to promote himself because it all got taken care of AFTER THE FACT. So, how does that thinking justify a murderer? And what happens when he steals again, is Farrah Khan going to make another ruling to take care of it? When does his entitlements and free ride stop?
Why are you defending someone who stole over $70,000 and by plaintiffs owns accounts, managed and operated a Ponzi Scheme with the intent to defraud customers? His illegal actions will not go away or get sweep under the carpet. As Chair of the Orange County Power Authority, the liability to the City by having a known thief is a reckless call by Mayor Farrah Khan. She is suppose to protect our funds and not put them at risk and she is doing neither. Bob Citron did this and went to jail for it. https://en.wikipedia.org/wiki/Robert_Citron
(Your mention of ME using a fake profile is rather humorous…what do you call your Profile)
Dee Fox
April 24, 2022 at 11:45 pm1. CORRECTION: So let’s put the facts out on the table where they need to be.
2. CORRECTION: (Your mention of ME using a fake profile is rather humorous…what do you call your Profile?)
DeeDeeFox
April 25, 2022 at 5:32 amYou ALWAYS ignore the Jay Newman question. Are you Jay Newman? (Plot twist: we already know you are). Will you admit it or not?
Dee Fox
April 25, 2022 at 3:55 pmOh brother! Jay Newman is related to me and if you want to know more, ask him. And now that I have answered ALL your questions while you sit behind a fake profile name, how about disclosing yourself? Give some answers as to why you would defend Mike Carroll, otherwise the only conclusion is that you are Mike Carroll.
DeeDeeFox
April 26, 2022 at 7:51 amNice try with your tortured logic. Jay Newman is related to you because you post on NextDoor under that name, correct?
Under your logic, you are also Larry Agran because you defend him, so “the only conclusion is that you are Larry Agran.”
I am not Mike Carroll. I am a resident and voter of Irvine who is very tired of you making every day on NextDoor and every Council meeting about you and your vendetta against everything that isn’t a Larry Agran idea.