CITY OF ARCADIA For - Immediate Release

July 23, 2026

Contact:

Justine Bruno

Deputy City Manager

jbruno@ArcadiaCA.gov

Court Dismisses Lawsuit Challenging Arcadia City Council Censure

(ARCADIA, CA) - A Los Angeles Superior Court judge has dismissed a lawsuit challenging the Arcadia City Council's 2025 censure of former Mayor and current Councilmember Sharon Kwan, ruling that the censure was a constitutionally protected exercise of free speech and did not violate the Ralph M. Brown Act.

The lawsuit, filed by two Arcadia residents following the City Council's August 2025 censure of Kwan, alleged that the City violated the Brown Act in adopting the censure.

On July 23, nearly 10 months after the complaint was filed, the court granted the City of Arcadia's motion to dismiss the case.

A censure is a formal statement of disapproval adopted by a legislative body in response to a member's conduct. The censure of then-Mayor Kwan consisted solely of an official expression of disapproval and did not impose additional penalties or restrictions.

In its ruling, the court concluded that the City Council's censure of Kwan consisted of constitutionally protected speech under the First Amendment. The court cited a lack of evidence that the censure was a result of "retaliatory actions" and that Kwan remained able to express opinions as a councilmember.

The court further determined that the plaintiffs failed to establish that the censure violated the Brown Act, clarifying that a dispute between two councilmembers, or criticism of a public official, does not by itself give rise to a Brown Act claim. Importantly, the court also concluded that Arcadia' District 2 residents were not disenfranchised by the censure action. Councilmember Kwan represents Arcadia's second district.

The City successfully defended the case using California's anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which is designed to preserve constitutionally protected speech from litigation. To date, the City has incurred $65,000 defending the lawsuit.

This ruling affirms the dismissal of the Brown Act claims and recognizes legislative censure as constitutionally protected speech. The full ruling can be found through the Los Angeles Superior Court's website, using Case No.: 25STCV27078.