Westminster Councilmember Amy Phan West issued a cease and desist letter to the city on Oct. 10 after other City Council members said she needed to stop recording during a previous meeting.
At the Oct. 6 special meeting, there was a disagreement over Phan West’s authority to livestream on Instagram during council meetings — a question the council put to rest with a 3-1 vote, with Phan West opposed, that she stop recording the meeting.
“I broadcast live because several of my constituents have shared concerns that the city’s live feed doesn’t always work properly,” Phan West said.
Elected to office in 2022 to represent Westminster’s District 1, Phan West often takes to Instagram to broadcast to her more than 10,000 followers.
“By streaming myself, I ensure full transparency and make sure my constituents can always stay informed and engaged in what’s happening at City Hall,” she said.
This City Council has a history of infighting.
Councilmember Carlos Manzo said recording while on the dais was distracting and unnecessary. The meeting, he said, was already being broadcast and would be available to the public even after the session.
“I just do not feel comfortable,” Manzo said of the livestream, which was being recorded through Phan’s phone, propped up on the dais and pointed toward her colleagues. “I think it’s very unprofessional.”
Backed by Mayor Chi Charlie Nguyen, the council made a motion to “request” Phan West not record during the dais. The motion was within legal bounds, on the advice of the city attorney.
“The council has the authority to request that you do so. But if your recording is deemed a distraction — frankly, the fact that we are talking about this suggests that it is a distraction — we can fight about it in the court of law,” City Attorney Scott Porter said.
The city already sued Phan West and her colleague Councilmember NamQuan Nguyen last November, accusing the two of violating the law by repeatedly disrupting City Council meetings. That case is expected to go to trial in 2026.
Phan West, however, argues the motion to request to stop her recording breaches the Brown Act, a state law enacted in 1953 to guarantee the public’s right to attend and participate in local council meetings.
Her letter to the city, which she shared with The Orange County Register, outlines that the council must cease and desist “infringing or attempting to infringe on Councilmember Phan West’s right to record council meetings,” unless there’s a reasonable finding that her doing so is disruptive to City Council business.
The letter says the council has 30 days to respond with unconditional commitment, or it risks legal action from Phan West.