Councilwoman Interferes in Recall

Councilwoman Trish Kelley has been working behind the scenes to thwart the recall of Councilman Lance MacLean. On March 27, recall supporters learned that Kelley had called a store manager near the area where residents were signing the recall petition. Kelley identified herself to the manager as the former mayor of Mission Viejo and directed him to tell signature gatherers to leave.

Signature gatherers are legally permitted to stand near a store and in most other public places and enjoy their Freedom of Speech, as protected by the First Amendment, as well as state and federal laws. They must obey certain guidelines, and they are to remain at least 10 feet away from entrances and exits to avoid blocking access.

Recall petitioners who were working near the store said they were complying in every way with legal guidelines. They additionally maintained a considerable distance from the store’s main entrance, and they said they had been courteous to everyone. The workers said they could tell the store manager was “stressed out” after receiving the call from Kelley. He didn’t ask the signature gatherers to leave, but he asked how long the signature drive would last. He later said it is the policy of the store to treat everyone equally and not get involved in politics.

Ms. Kelley is on the council’s economic development committee, which has failed to develop a program of attracting businesses to Mission Viejo. One of the city’s key economic development strategies has been to present a business with a certificate if it manages to survive for five years in Mission Viejo.

If city hall isn’t going to help businesses, perhaps it can at least stop harassing them. What Ms. Kelley asked the store manager to do – prevent citizens from exercising their First Amendment rights – was well out of line.