The First Amendment guarantees the right “to petition the Government for a redress of grievances.”

However, Fresno Mayor Jerry Dyer says he will block a constituent’s emails, and the city attorney is backing him. First Amendment experts say Dyer may have that right.

AJ Rassamni, president of the Blackstone Merchants Association and also a 2026 city council candidate, sent several emails in recent months to Dyer, city councilmembers, and other city leaders, mainly about the homeless issue.

In the latest chain of emails starting Friday, Sept. 5, Rassamni discussed the city’s homeless removal policy with Dyer and other city leaders.

Later that day, Dyer and City Council President Mike Karbassi asked Rassamni to go through their chiefs of staff.

Rassamni responded that while he respects the mayor’s time, he will continue to reach out.

The next day, Dyer told Rassamni again to go through his staff.

“It is unfortunate that you are not willing to abide by that request. As a result, I will ask my Information Services Department to block your email address from being sent to my direct email account,” Dyer wrote.

City Formally Asks Rassamni to Stop

Today (Sept. 9), the city sent a formal cease and desist letter to Rassamni, accusing him of “spamming” the accounts of Dyer and the council “with political campaign material,” in potential violation of the state’s open meeting law, the Brown Act.

Written by City Attorney Andrew Janz, the letter alleged that Rassamni is violating state, local, and federal laws for interfering and obstructing officials to perform their duties — causing a “considerable nuisance.”

David Snyder, executive director of the First Amendment Coalition, said Janz is “mistaken” about a Brown Act violation.

“It is not, and cannot be, a violation of the Brown Act for a member of the public to simply send an email to multiple, or even all, members of a legislative body such as the City Council,” Snyder said.

If the emails develop into a “serial meeting,” Snyder said, it could be a violation, but not by a “passive receipt” of an email. However, Dyer hitting “reply all” could be a violation.

The city letter said that if Rassamni continues, the city would pursue filing a restraining order.

Janz told GV Wire the city can block or redirect emails “from those who abuse government operated accounts.”

Rassamni averaged about two emails a week to city councilmembers, Janz said.

“This is not a First Amendment issue as this political candidate has other means to interact with the City and its elected officials,” Janz said in a statement. “Not unlike those who have abused the City’s 911 system, the City may lawfully limit Mr. Rassamni’s access to City resources in situations like this.”

Rassamni said his emails “had nothing to do with the campaign.”

“It was always about the Blackstone merchants and the residents in the area,” Rassamni said.

Rassamni: Listen to My Messages

Rassamni, speaking to GV Wire before the cease and desist letter became public, said Dyer should listen to his constituents.

“As an elected official, he should be open to receive messages from any residents of Blackstone, any voter of Blackstone. And for me, when I talk, I’m representing 3,000 members,” Rassamni said.

Asking him to send correspondence to his chief of staff instead is “basically saying the vote of those 3,000 people that you represent doesn’t matter.”

Rassamni said he is concerned about funding running out for homeless shelters, which will make crime worse in the Blackstone corridor.

Dyer’s email will not deter him, Rassamni said.

“If there’s issues I need to discuss with them, absolutely, yes. But again, every time I contact them, it has been very professional, it’s saying let’s work together,” Rassamni said.

First Amendment Experts: Block OK, Threats Not

GV Wire spoke with First Amendment experts, who generally said while the public has the right to petition, the government does not have to listen.

“A mayor can’t punish you for sending a petition. But the First Amendment doesn’t stop him from refusing to accept the petition,” said Eugene Volokh, a senior fellow at the Hoover Institute at Stanford, and professor of law emeritus at UCLA.

First Amendment attorney Elizabeth Pritzker said that while petitioning is a protected right, emails can be considered “nonpublic forums,” allowing restrictions as long as they are reasonable and do not discriminate by viewpoint.

“A viewpoint-neutral action to block a particular email address may not necessarily violate the First Amendment on free speech grounds, but still raises some concerns regarding freedom of petition which protects an individual’s right to bring complaints about public policy directly to officers of the government,” Pritzker said.

Pritzker said the mayor’s methods — asking to send emails to his chief of staff — may be a reasonable solution under the First Amendment lens.

But Pritzker was alarmed by the cease and desist letter.

“I am not liking this development, at all, to be honest.  Ratcheting this up to a cease and desist letter tends to suggest intimidation and retribution. It really would be better if the city found a technical work around, e.g., by forwarding all emails to the communications director or some filing system,” Pritzker said.

Volokh said a restraining order “would potentially violate the First Amendment.”

He said based on the volume (two emails a week), “I can’t see how that could possibly justify a harassment restraining order or any similar injunction.”

Rassamni Claiming Endorsements He Does Not Have

While Rassamni may be the oldest candidate in the District 7 race, he has made apparent political novice mistakes.

A flyer circulating for a Sept. 24 Rassamni fundraiser includes pictures of Fresno County Sheriff John Zanoni and state Assemblymember David Tangipa, R-Clovis.

Both tell GV Wire that they have not formally endorsed Rassamni. Zanoni said he plans to attend; Tangipa said he will not be there.

Rassamni said the flyer was a draft, meant for a private list of supporters.

“I will always be honest, and when I make a mistake, I’ll be the first to own it,” Rassamni said.

“The invitation was made public mistakenly before final approval by the elected officials. Once we found the mistake, we immediately removed the invitation. My campaign promptly issued an apology to both elected officials, and the event will not take place as originally scheduled,” Rassamni said.

There was a flyer circulating for a fundraiser in May, hosted by the Blackstone Merchants Association, and “supported by veterans, conservatives, and Council President Mike Karbassi.”

Karbassi said he has not endorsed Rassamni.

Rassamni said he did not send that flyer.