Cardiff resident escalates Brown Act complaint against Encinitas

ENCINITAS — A Cardiff-by-the-Sea resident is pressing his formal complaint against the city this week, demanding the City Council rescind last month’s emergency vote on immigration arrests or risk potential legal action.

In a “cure and correct” letter, Garvin Walsh, a county Republican Party official, accused the council of improperly invoking the Brown Act’s “immediate need” exception when it adopted emergency measures Aug. 20 in response to public outcry over Immigration and Customs Enforcement operations in Encinitas.

Walsh further claimed that the council failed to provide proper notice for the emergency item, unlawfully depriving residents of the opportunity to weigh in.

The council met on Sept. 2 in closed session and directed special counsel Leslie Devaney to respond to the complaint and place the issue for further discussion on the Sept. 17 agenda.

In a Sept. 3 letter, Devaney, writing on behalf of the city, denied the council violated the law, saying the ICE arrests near Park Dale Lane Elementary School last month created “panic and fear” in the community that met the legal threshold for an emergency designation.

Devaney added that “due to the importance of this matter,” the city will re-notice the item for a Sept. 17 hearing with 72 hours’ notice as a “cure for any Brown Act allegations.”

But in a Sept. 9 response to Devaney’s letter, Walsh rejected the city’s position as “ambiguous” and “contradictory,” arguing that public outcry cannot substitute for a legally defined crisis. Walsh said the council must formally reverse its earlier action by Sept. 26 to avoid legal exposure.

“Ms. Devaney’s formulation is not helpful,” Walsh told The Coast News. “The city will be better off if the council recognizes they made a mistake, reverses that, and then starts over. This is an opportunity to well and truly learn a lesson, without incurring great costs.”

At the heart of the dispute are ICE operations that ignited local tensions over immigration enforcement. The controversy arose after a video surfaced on social media depicting federal law enforcement officials arresting the parent of an Encinitas student on Aug. 20, which drew protests and criticism from residents and area officials.

County Supervisor Terra Lawson-Remer described the arrest as an “ambush” that endangered children, and state Sen. Catherine Blakespear (D-Encinitas) said the incident was “inhumane, barbaric and lawless.” Deputy Mayor Joy Lyndes called the enforcement action “traumatizing” for the community.

The council, in response, unanimously approved eight actions as part of an emergency agenda item during an Aug. 20 meeting, including launching a bilingual “know your rights” campaign, requesting federal records of ICE activity and exploring legal challenges.

Two days later, agents arrested two more men working for a landscaping company in the same area in front of a group of protesters. The arrests were confirmed as “targeted enforcement operations” of individuals under final orders of removal, according to ICE officials.

Encinitas resident and community activist Mali Woods-Drake, who protested the ICE arrests at City Hall, said the council’s decision to revisit the matter provides an opening for advocates to push for stronger safeguards.

“While I disagree with Walsh’s decision to risk frivolous lawsuits against our city, community activists and allies view the re-agendizing as an opportunity. It allows the City to strengthen its stance and explore even stricter protections to safeguard our residents — particularly children near our schools — from ICE activity,” Woods-Drake said. “Quite frankly, is anyone surprised that a MAGA Republican would attempt to gum up local government over a measure that reflects even the smallest degree of empathy and compassion?”

Walsh said he plans to pursue legal remedies if the council does not reverse course, potentially embroiling the city in costly litigation.

According to Walsh, the council’s handling of the agenda item underscored a larger pattern he believes undermines public trust.