Even More Proof

ACLU challenges town council's public comment rules
By The Associated Press 02.03.02

PITTSBURGH — The American Civil Liberties Union doesn't think Plum borough's new public comment rules are too peachy.
The ACLU on Jan. 29 asked a federal judge to strike down requirements that residents of the rural borough sign up 30 minutes in advance and speak only about items on public meeting agendas.
The new rules also give the borough council president the right to silence speakers who make comments that he believes are "scandalous, impertinent and redundant." The ACLU is representing four borough residents.
"The First Amendment and the state's Sunshine Law simply do not allow borough officials to restrict residents' speech about important political matters pertaining to Plum's governmental affairs," said David Millstein, a Greensburg attorney who has volunteered to handle the case for the ACLU.
U.S. District Judge Donetta Ambrose scheduled a hearing on the lawsuit for Feb. 5. The borough's next public meeting is Feb. 11.
The suit was filed after Solicitor Bruce Dice refused the ACLU's request to rescind the policy in the borough about 15 miles east of Pittsburgh.
Dice and the borough's manager did not immediately return calls by the Associated Press.
The lead plaintiff is Harry R. Schlegel, a former council member and now the borough's tax collector. Schlegel contends he was silenced under the new rules at a Jan. 14 meeting because he wanted to criticize the public comment policy.
"Honorable and righteous men do not fear the exercise of liberty. Why, then, do Plum's currently elected officials want to limit and control our liberty to disagree with them if we feel they err on an issue important to us?" said Schlegel, a Vietnam veteran.
"As a Marine, I swore an oath to protect the Constitution, and that's what I and the other plaintiffs are doing with this lawsuit."
The borough council presented the new rules, signed by seven council members and the mayor, at the borough's reorganization meeting Jan. 7.
The ACLU contends the rules weren't formally approved until Jan. 24, when council scheduled a meeting allowing for public comment on them. But no matter when or how they were passed, the speaking rules are illegal, said Witold "Vic" Walczak, executive director of the ACLU's Pittsburgh chapter.
"Legally, it's not a difficult case and I don't think it's a groundbreaking case, but I think it's an important case because a lot of these little (municipalities) violate" the First Amendment, Walczak said.

Council president orders speaker's removal from meeting
By The Associated Press 01.21.05
BURTON, Mich. — The American Civil Liberties Union says a city official violated the First Amendment when he ordered police to expel a speaker from a council meeting for accusing officials of taking bribes.
Council President Danny Wells had police eject former Councilwoman Laurie Tinnin from the Jan. 17 meeting after Tinnin brought up accusations of bribe-taking against city officials.
Before the public comment portion of the meeting, Wells had said he would not allow such discussion.
Gregory Gibbs, chairman of the Greater Flint chapter of the ACLU, said he would write a letter to Burton officials telling them they must allow for open discussion of that or any other city-related topic.
"What they did was make content-based decisions on what people can talk about. That's inappropriate, and that's a violation of the First Amendment," Gibbs told The Flint Journal. "To see police lead her out the door, my goodness."
Wells said on Jan. 19 that he meant only to limit personal attacks and comments on the possible resignation of Burton officials. Wells said he always tells people that they cannot make personal attacks against officials during the public comment period, and he viewed the unproven allegations as personal attacks.
"I have every right to control that meeting," Wells said. "I'm not going to allow the meeting to become merely a photo opportunity for somebody."
But, he added, "Freedom of speech is very important."
Tinnin said she wants an apology.
"You can't try to tell me I can't talk about something," she said

City council critic settles lawsuit over barred comments
By The Associated Press 12.15.01
GRAND PRAIRIE, Texas — A man barred from speaking during city council meetings has reached a settlement for $75,000 in his lawsuit against the city and mayor.
Grand Prairie Mayor Charles England barred Tommy H. Luckett, who has lived in the town 30 years, from speaking during the public comment portion of two council meetings in 1999.
Luckett had spoken at several meetings against the city's flood control plan after he reluctantly sold the city some property for the project. England said Luckett's comments were harshly critical of the council, city and city staff.
Luckett was soundly defeated when he ran for mayor against England in May 2000.
Luckett's attorney, T. Dean Malone, said Dec. 12 that his client complied with all procedures for speaking at such meetings.
"It made the city understand it cannot censor people from speaking their minds because it doesn't like their views," Malone said. "Hopefully Mr. Luckett's lawsuit will send a signal that tax-paying citizens have the same rights as public officials to express their views."
City Attorney Don Postell declined comment.
Grand Prairie is about 15 miles southwest of Dallas.

Alabama council critic files $100,000 lawsuit against city
The Associated Press 10.07.99
Elizabeth Romine

FLORENCE, Ala. — A woman who was acquitted last month of obstructing governmental operations after refusing to be quiet at a Florence City Council meeting has filed a $100,000 lawsuit against the city.
Elizabeth Romine, 75, a frequent critic of the council, signed the claim on Oct. 4 at the Lauderdale County Detention Center, where she is serving a six-month jail sentence on an unrelated charge.
The lawsuit accuses the city of violating her rights of free speech, freedom of expression and right to petition the government for redress of grievances when she was arrested during an April 6 council meeting.
Romine was addressing the council during a five-minute public comment period when she was ruled out of order by Council President Steve Pierce for statements she made to another council member.
She was arrested and charged with obstructing governmental operations, a misdemeanor offense.
Romine was convicted of the charge in municipal court but later was acquitted by a jury in Lauderdale County Circuit Court.
She states in her lawsuit that the arrest subjected her to humiliation and ridicule.
Romine was jailed Sept. 24 after she failed to obey a court order to remove junk and litter from a residence she owns.
City attorney Bill Musgrove declined comment.