A lawsuit accusing two Westminster councilmembers of violating the law by repeatedly disrupting City Council meetings will go to trial in 2026, after a judge denied early arguments to stop the case.
The city sued Councilmembers Amy Phan West and NamQuan Nguyen last November after a year of infighting on the City Council that led to meetings running long and the city failing to accomplish its business, according to the lawsuit.
Both Phan West and Nguyen have “repeatedly disrupted meetings” in violation of state and local law by speaking when they aren’t recognized by the mayor, according to the lawsuit. In Westminster, the mayor presides over City Council meetings.
Orange County Judge Gassia Apkarian on Tuesday, July 29, ruled against a motion to strike the challenge filed by Phan West based on First Amendment concerns. The judge’s denial means the city has shown some probability that it would prevail in the suit.
There were no oral arguments at the hearing in Santa Ana on Tuesday. An attorney for Phan West said they had no more to add beyond the written arguments filed.
Phan West contended in a filing that city law regarding disrupting council meetings is meant to apply to attendees and not members of the City Council.
Apkarian rejected that argument and wrote that the law says it applies to “any person who persistently interrupts the proceedings of the council or refuses to be seated or keep quiet when ordered to do so by the presiding officer.”
“The videos submitted by the city show numerous instances where it appears that (Phan West) is speaking out of turn, despite warnings from the mayor,” Apkarian wrote in a ruling.
Phan West’s defense also argued that the mayor can’t prevent her from speaking at City Council meetings when she doesn’t have the floor since that is a form of prior restraint on her speech and is unconstitutional.
Apkarian wrote it was not unconstitutional because when the mayor determines who has the floor, that is “content neutral” and does not seek to stop speech based on her expressions.
The city’s lawsuit wants the court to issue an order against Phan West and Nguyen that would require them to stop speaking at City Council meetings when they aren’t recognized to speak by the mayor and a declaration that its new time limit policy is enforceable.
The trial has been set for July 27, 2026.
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