Oakland (Special To ZennieReport.com) – At the last Oakland City Council Meeting and during the discussion on FLOCK legislation, newish District 7 Oakland City Councilmember Ken Houston decides to “flip the bird” to the public audience in attendance and someone who was taking a photo of him. While the act was pointed out by a member of the public on the call-in-speaker segment of the hearing, the Oakland City Council President Kevin Jenkins did not give Ken any words of warning regarding the consequences of his action or any future actions of that type. Council President Jenkins and the current Oakland City Council members may not know that the City does, indeed, have a code of conduct, and it was passed in 2010.
That’s right. On May 2, 2010, and by a vote of six to two, and signed by then Oakland City Clerk (later Oakland Assistant City Administrator) LaTonda Simmons, the Oakland City Council adopted a “Code of Conduct” that reads as follows:
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CODE OF CONDUCT
Each member of the City Council has a duty to:
Respect and adhere to the American ideals of government, the rule of law, the principles of public administration and high ethical conduct in the performance of public duties.
Represent and work for the common good of the City and not for any private interest.
Refrain from accepting gifts or favors or promises of future benefits which might compromise or tend to impair independence of judgment or action.
Provide fair and equal treatment for all persons and matters coming before the Council.
Learn and study the background and purposes of important items of business before voting.
Faithfully perform all duties of office.
Refrain from disclosing any information received confidentially concerning the business of the City, or received during any closed session of the Council held pursuant to state law.
Decline any employment incompatible with public duty.
Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the Council, staff or public, or other personal comments not germane to the issues before the Council.
Listen courteously and attentively to all public discussions at Council meetings and avoid interrupting other speakers, including other Council members, except as may be permitted by established Rules of Order.
Faithfully attend all sessions of the Council unless unable to do so because of disability or some other compelling reason.
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Maintain the highest standard of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation, and by being willing to censure any member who willfully violates the rules of conduct contained in this Code of Ethics.
IN COUNCIL, OAKLAND, CALIFORNIA, MAR 2 2010
PASSED BY THE FOLLOWING VOTE:
AYES- Brooks, DE LA FUENTE, KAPLAN, KERNIGHAN, Nadel, QUAN, REID, AND PRESIDENT BRUNNER – 6
NOES- Brooks, Nadel – 2
ABSENT-CHANG – 0
ABSTENTION- 0
ATTEST: Latonda Simmons LATONDA SIMMONS City Clerk and Clerk of the Council of the City of Oakland, California
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Is “Flipping The Bird” Considered “Abusive Conduct”? The Answer Is No. Here’s Why?
There are those who believe Councilmember Houston should be punished in some way because of the obscene gesture. In the City of Oakland Code Of Conduct, Rule 9 reads “Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the Council, staff or public, or other personal comments not germane to the issues before the Council.” Ok, but the fact is that the “Middle Finger Gesture” is not considered abusive conduct, but “free speech”.
In March 2019, the Sixth Circuit Court of Appeals said no. The Court ruled that “flipping the bird” at an officer is protected speech and freedom of expression under the First Amendment. In a unanimous decision from the three-judge panel, the court stated that the officer needed to have probable cause to believe the woman had committed a new, second violation before he was justified in pulling her over again.
As the court put it, the “all too familiar gesture” of giving someone the middle finger is protected by the First Amendment. By pulling the woman over a second time without probable cause to believe she had committed a violation unrelated to the original reason she was stopped, the officer violated her constitutional rights. The court also ruled that the officer violated the woman’s Fourth Amendment right against unreasonable seizures when he pulled her over without cause.
As the court stated, “Fits of rudeness or lack of gratitude may violate the Golden Rule. But that doesn’t make them illegal or for that matter punishable or for that matter grounds for a seizure.”
Does Oakland Department of Transportation Director Josh Rowan’s Complaint Against Ken Houston Rise To The Level Of Violation Of Code Of Conduct?
Ken Houston is also the focus of a complaint by Oakland Department of Transportation Director Josh Rowan, in a Tuesday, November 4, 2025 email letter to Oakland City Administrator Jestin Johnson, Rowan wrote the following:
- The PEC is not the proper forum/jurisdiction for alleged slander or defamation of
character. That would be the Alameda County Superior Court. He is most
certainly welcome to send me a cease-and-desist letter from his attorney. To
date, nothing has been said to me about any alleged “slander.” This was the first I
heard this fantasy story. - CM Houston went backwards in the agenda to make his comments regarding the
27 Ave construction project, an agenda item that had already been acted upon by
the council. This is improper. - CM Houston’s making a spectacle of any complaint during a live meeting of the
council is highly unprofessional and improper. Again, his goal appears to be to
humiliate and embarrass me. - CM Houston asking Patricia Brooks to stop speaking to me so I could hear what he
had to say, was an act of aggression and meant to publicly embarrass me. - I received a call over the weekend from some community folk(s) stating that he
was shopping his story in advance. This shows malice.
Mr. Rowan presents examples of acts of speech that do to a question of judgment, but there’s one problem. Councilmember Houston does have a right to his freedom of expression, but he does not have the right to personal attacks according to the City of Oakland Code of Conduct. While “Flippling The Bird” and Mr. Rowan’s complaints add up to “freedom of speech” on Ken Houston’s part, they also qualify as “personal attacks” and thus are violations of the City of Oakland Code of Conduct.
Ken Houston’s Personal Attack Against This Vlogger Reads As A Threat
On that note, Ken Houston is also the focus of what can be called a “personal attack” against me. Eleven days ago, Councilmember Houston took taxpayer money intended for him to do the work of running the City of Oakland and used it to make a silly meme of me. It was a photo of a salamander and my face (a good photo of me) with the caption “Who’s The Silly Salamander”?
Now, while I thought the photo was funny, it came with a personal attack against me that should not come from an Oakland Councilmember. In response to the photo, I texted “Love the photo, @Ken Houston ! Thanks.” But what really did bother me was the second-to-the-final-sentence in Ken’s message response to me on Facebook Messenger.Ken wrote this: “The photo is only a part of it ! It is the wording that has the true meaning! No one takes you serious out here any longer! The only one that doesn’t know it is you!!! You’re a joke! You should be embarrassed! You should see peoples face when your name comes up ! Notice to you! keep my name out your mouth that picture is nothing!!! Have a good day!”
The words “Notice to you! keep my name out your mouth” are threatening, even though he backed off when I asked what his intentions were: “Quick question Councilmember. If I vlog about you in your role as District 7 Councilmember, given your ‘keep my name out your mouth’ request, am I to understand that you would attempt to harm me, or perhaps kill me? Because, Councilmember, you’re a public figure and you’re talking to the longest serving blogger in Oakland’s history. I am the first to interview a political candidate using YouTube 19 years ago, and that was Aimee Allison. I have more Oakland-focused YouTube videos than any other person on the Planet. Please, Ken.”
In response Councilmember Houston wrote “Lolol this text shows me your a idiot nowhere I’ve ever said thought or considered any such thing you’re just a straight up idiot!!!”
No Oakland Councilmember has ever done that to me since 1993, when I first started covering the City Council for The Montclarion.
Here’s the photo evidence of the Facebook Messenger exchange that also has other Oaklanders as part of it, although none of them responded to it, so I left their names out of this report. The photos are posted in the order of the exchange of comments.
Ken Houston Should Apologize For His Behavior
The best course of action is for District 7 Councilmember Ken Houston to apologize for his actions to the public at a City Council meeting next year. We need to move forward and focus on the resolution of some big problems far greater than personal issues. Oakland deserves better leadership.
Stay tuned.