Rob AriasA showdown is looming between the City of Emeryville and a recent School Board candidate/political antagonist. A Temporary Restraining Order (TRO) was recently issued against well-known Emeryville blogger Brian Donahue with a Permanent request in the queue.
Citing a “credible threat of violence or stalking,” a Petition for Workplace Violence Restraining Order and Temporary Restraining Order was filed on March 7, 2025, with the Alameda County Superior Court on behalf of City Attorney John Kennedy and Community Services Office Assistant Bryan Andrews.
The order mandates that Donahue stay 5 yards away from Kennedy and Andrews when at public meetings and facilities and 100 yards at all other times.
“Brian Donahue has engaged in an escalating pattern of harassing and threatening behavior toward [Kennedy, Andrews], and other city staff at public meetings and city events,” the complaint alleges.
The two parties are expected to meet in court on May 22 when a hearing will be held to determine if a Permanent Restraining Order is warranted.
Communication Plan Dismissed, Harassment Escalates
The city issued what they referred to as a “communication plan” to reel in Donahue’s behavior back in October, 2024. This plan outlined acceptable behavior for addressing his many requests and discouraging his in-person confrontations.
This attempt has apparently had little effect on Donahue’s behavior, and he has in fact escalated his level of harassing according to the city.
“Given that he chose not to follow that plan, and, instead, escalated the level of his harassment to include stalking and more serious threatening behavior,” the City Attorney’s office provided in response to our request.
The city next opted to pursue an enforceable legal action by filing this Temporary Restraining Order against him.
The TRO also mandates Donahue to either sell or store any firearms he possesses or controls within 24 hours of receiving the court order. Alternatively, he must surrender the firearms to a licensed gun dealer or a law enforcement agency. Donahue has previously publicly disclosed he is in possession of multiple rifles.
Should Donahue violate the TRO, he could be subject to arrest, fines, and up to a year in jail.
Complaint Against Donahue Detailed
The 12-page brief details why his behavior constitutes harassment and a credible threat of violence and how the requested Injunction does not unlawfully infringe on Donahue’s First Amendment rights.
“The City of Emeryville requests that this Court issue an injunction under the Workplace Violence Safety Act to prevent further harassment and threats by Brian Donahue against City Attorney John I. Kennedy and Emeryville employee Bryan Andrews. Mr. Donahue has engaged in harassing and threatening conduct that serves no legitimate purpose and has created an unsafe and intimidating environment for City staff,” the brief details.
The city details several statements made by Donahue to Kennedy that they describe as overtly menacing, intended to instill fear, and suggest imminent harm to Mr. Kennedy. These include statements such as, “it’s going to end badly for you,” “I am coming after you,” “it’s going to get ugly,” and “Hell is coming!”
The brief chronicles a series of events between December, 2023 and March, 2025 including:
- December 5, 2023 – Removed from a City Council meeting for repeated disruptions
- February 23, 2024 – Escorted off private property at the Watergate complex after refusing to leave
- March 12, 2024 – Police summoned when Donahue confronted an ECCL employee “aggressively berating” him while recording him
- Sept. 18, 2024 – Donahue “left three threatening voicemails for Mr. Kennedy” regarding a PRA request
- October 5, 2024 – Donahue antagonizes several members of city staff and the public at the city’s annual Harvest Festival provoking a physical altercation
- October 23, 2024 – Donahue rebuked the city’s communication plan in three “threatening” voicemails
- January 9, 2025 – Mr. Donahue left Mr. Kennedy a series of menacing voicemails asserting “Hell is coming”
- February 4/March 4 – On two occasions following city meetings, Donahue waited for Mr. Kennedy in the parking lot and followed him to his car while yelling insults
A video posted by Donahue referenced in the complaint shows him confronting Kennedy in the parking lot of the Emeryville Civic Center following a meeting.
First Amendment Argument
The actions being taken by the city are walking a delicate line of protecting the safety of their staff while not impeding on Donahue’s First Amendment rights.
“To protect the well-being of City personnel, the City requests a narrowly tailored injunction that prevents Mr. Donahue from engaging in any further harassment towards Mr. Kennedy and Mr. Andrews while still preserving his First Amendment rights,” the brief details.
Donahue has attempted to frame the city’s efforts to corral his harassment as a First Amendment battle and that journalism is “under attack.”
Donahue has forged an alliance with embattled councilmember Kalimah Priforce based on ideological alignment. Priforce has been advocating on Donahue’s behalf through a guest blog and a recent podcast appearance.
While online criticism of politicians and public figures is a well-protected First Amendment right, persistent in-person harassing of people and threats is not.
In no way does the restraining order prevent Donahue from performing the typical duties of a journalist which entail gathering information and reporting on them. The way the order is written, he will not be restricted from attending or speaking at Council meetings or from submitting PRA requests.
Donahue may argue that his ability to gather information is being impeded if he is restricted from approaching and recording these two members of staff.
There are several recent incidents that might provide some precedent to whether this TRO will be made permanent.
In 2019, then Berkeley Mayor Jesse Arreguin successfully received a restraining order against Zachary RunningWolf Brown citing repeated threats.
Last year, the City of Oakland unsuccessfully applied for a restraining order against activist and former Mayoral candidate Seneca Scott for repeated online criticism of former staff member Brandon Harami (This case was later settled between the two parties without a restraining order).
Donahue has repeatedly asserted that any attempt to thwart his attempt to film people in public (such as using a hand or item of clothing to obscure his camera’s lens) is a Bane Act violation. The Bane act “forbids people from interfering with a person’s constitutional rights by force or threat of violence.”
Journalism or Activism? News or Blog?
At the heart of the matter is a gray area between activism and journalism that is not strictly defined.
While the roles can overlap, there’s a generally understood difference that journalism aims to present information fairly and allow readers to make their own decisions. Activism tends to cherry pick the information that supports their argument while omitting or dismissing other points of view. Donahue’s methods tend to fall in the latter category.
News websites prioritize objective reporting and covering current events. Blogs tend to be personal opinions centered around a specific set of topics (in this case, advocacy for left wing ideas in Emeryville politics).
News websites generally operate with a code of ethics defined by local publishing groups and have a well-defined correction policy. Blogs are not constrained by any of these guardrails.
“After the elections, I am coming after you, John…it’s going to get ugly.”
Despite what Donahue asserts, there are no specific laws that give “journalists” special access to city employees and venues and journalists are not somehow exempted from using threatening language against politicians, city staff or members of the public.
Journalists are protected by shield laws that prevent them from disclosing their confidential sources.
Public Record Act Requests are a useful and legal tool for journalists to gather information and the city has a portal on its website for receiving these requests. Donahue’s preferred method seems to be to follow city employees and councilmembers asking them “gotcha” questions that he can spin into content for his blog.
Edited EPD footage from the October 5 Harvest Festival where Donahue claims he was “punched”.
Citizen’s Arrest Complaint Yet to be Heard
This will likely not be the only time Donahue will see a courtroom this year as he is also involved in a complaint where he asserts he was “assaulted” by a supporter of John Bauters’ campaign at the 2024 Harvest Festival.
Videos provided by the EPD seem to question Donahue’s narrative. In these videos, Donahue is seen asserting his right to film children in public spaces prior to the confrontation. When Donahue turns his camera on a man with a child on his shoulders, a conflict escalates.
While Donahue has asserted that he was “punched” implying a closed fist blow, the body warn camera footage provides a more detailed account with Donahue explaining that the man pushed the camera away from him while being filmed with his child and that the “punch” was actually administered by Donahue’s own hand. “He pushed my own hand in my face,” Donahue describes to an officer in the above EPD Body-worn camera footage.
Donahue then apparently became entangled in a chair that was near him and tripped causing a laceration to his elbow. “I would not have fallen had the chair not been there,” Donahue testified to the Emeryville Police who responded.
Donahue filed a citizens arrest which can be administered by anyone as long as they have probable cause. The notice to appear, originally slated for December 19, has yet to occur.
5/22 Update: A continuance was granted to Donahue by the judge pushing the hearing to July 3rd at 1:30 pm. The TRO remains in effect.
6/3 Update: The court date has been rescheduled to July 17rd at 1:30 pm. The TRO remains in effect.
Imagine being a city employee and hearing a sitting councilmember defend the guy who has tortured and lied about you for years. I think their union might have something to say about this in the next election.
Seems like the bigger crime here is that Donahue has published a damaging story with photos of the man claiming he punched him, and it seems pretty apparent that he was never punched. This man has a very winnable case of defamation against Donahue if he decided to pursue it. I hope Donahue has liability insurance for his blog.
Were you there? I wasn’t but the video seems to make it pretty clear to me that Brian was pushed by the other man and fell over backwards.
I am confused. A public request for a list of city employee compensation can be made on a handwritten piece of paper to a front desk team member and that constitutes filing a legal public request as a journalist?
Based on the court filings, Donahue seems mentally unwell. Maybe that explains his continuing vendetta against Bauters (who isn’t even in office anymore) and his constant praise for Priforce (who also seems mentally unwell after his fake hunger strike). Harassing and intimidating city staff in the parking lot crosses a line and they should lock him up if he does it again
I have enjoyed reading the E’ville Eye newsletter for many years, but in this case it seems like the proper procedure would be to get the views from both sides – meaning that Mr. Donahue should have had a chance to state his side of the story. Is there a good reason why that was not done? Otherwise we are just hearing the City’s side and also the side of the individual (and others) who say that Mr. Donahue was not pushed or assaulted at the event mentioned near the end of the piece.
What side of his story do you think has been omitted?
Donahue seams to believe that he’s entitled to harass, stalk and intimidate anyone he pleases (elected officials, staff and private citizens) under the guise of “journalism” as long as he doesn’t physically touch anyone. Anyone that takes exception to having a camera stuck in their face and peppered with rhetorical questions is denying his first amendment rights and violating “The Bane Act” in his view.
We’ll try to report on the outcome of the PRO hearing where I assume Donahue will be allowed to defend his actions.
Rob included the videos to Brian Donahue’s channel, where Mr Donahue filmed, narrated and uploaded videos of his Harvest Festival altercation, of himself following John Kennedy in the parking lot many occasions, of himself submitting a public records request for city staff compensation on a handwritten piece of paper to a front desk staff member at ECCL, of himself recording city councilmembers’ reactions and zoomed in faces during City Council meetings.
Have you watched those to get the numerous sides of Mr. Donahue’s story?
The still video image used for the title of this story is misleading – it looks like Mr. Donahue is about to assault the police officer or bully him when in fact if you watch the video, Mr. Donahue was just demonstrating to the police officer – with prior consent from the officer – what another individual had done to Mr. Donahue. So that’s misleading people who are reading the story. I don’t think the E’ville Eye needs to resort to those kinds of tactics to make their point.
This guy’s outsides match his insides. A completely vile human being through and through. One can’t help but wonder what damage was done to him along the way.
Would be interesting to see if Kalimah Priforce, by actively asking for letters of support emailed to him to support Donahue against the Restraining Order of which the basis is Workplace and Harassment against city staff, is violating some sort of workplace conduct himself by condoning and perpetuating such behavior against city staff.
Richard/Peter/Brian, etc. – I would suggest abandoning your attempted use of multiple fictitious names, devices and platforms to ask the same reframed question. If you want to know what “Brian’s side” is or his “goals,” I implore you to watch the embedded 27 minute video that is composed almost entirely him speaking, or reach out to him directly.
I ceased all online contact with Mr. Donahue after he entered my child’s daycare and harassed my family and staff. That crossed a line for me personally.
You’re correct that he picks and chooses what to write about in his blog. I remember last year Brian promised a big story on Emeryville school test results that never happened. I think the test results turned out to be good and didn’t fit his narrative, so he couldn’t complain about it on his diary/blog.
That dude is an absolute embarrassment. Somehow built a hero complex in his own mind. Thank god someone is doing something about him. Stalking people around Emeryville and trolling people IRL just to provoke a reaction is the weirdest kind of energy to bring to such a small town.