Four residents of Eastpointe, Michigan, sued their city after being silenced and shouted down by their mayor during city council meetings, and were victorious after the city agreed to settle the lawsuit on Tuesday.
The Foundation for Individual Rights and Expression (FIRE) filed the lawsuit in November 2022 on behalf of residents Mary Hall-Rayford, Karen Beltz, Karne Mouradjian, and Cindy Federle, all who were denied their right to free speech during the public comment period at city council meetings.
The former mayor of Eastpointe, Monique Owens, repeatedly would shout down at residents who criticized her, but allowed other residents who praised her to speak.
“We resolved the case because this settlement will protect Eastpointers’ First Amendment rights going forward and it imposes real consequences on Eastpointe for violating the First Amendment,” Conor Fitzpatrick, senior attorney for (FIRE), told The Epoch Times.
According to Mr. Fitzpatrick, the lawsuit detailed four instances in which Ms. Owens shouted down and silenced the plaintiffs. It also detailed Ms. Owen’s “inconsistent treatment of speakers who praised her versus criticized her,” he said.
“Mayor Owens was the presiding officer of the City Council and responsible for silencing Ms. Hall-Rayford, Ms. Beltz, Ms. Federle, and Ms. Mouradjian,” Mr. Fitzpatrick said. “Governments have been retaliating against critics as long as there have been governments. But Mayor Owens shouting down four women whose only crime was criticizing her, was egregious.”
Ms. Owens, who was elected mayor in 2019 of Eastpointe, a suburb of Detroit, lost her reelection bid last year. Two months later, she pleaded no contest to a reduced misdemeanor charge for fraudulently applying for a $10,000 COVID-19 CARES Act grant. She was sentenced to a six-month probation and 100 hours of community service and also paid $10,000 in restitution.
Ms. Owens was captured on video in September 2022 for shouting down Ms. Hall-Rayford, Ms. Beltz, and Ms. Mouradjian when they tried to criticize her during the public comment portion of city council meetings.
When Ms. Mouradjian, an animal rights activist, stood up for the right of the others to speak, Ms. Owens yelled that Ms. Mouradjian “could talk about your cats and dogs” but “won’t talk about me!”
According to FIRE, it was not the first time the mayor violated free speech rights of Eastpointe residents. In March 2022, for example, Ms. Owens forced Ms. Federle to halt her critical remarks and told her to remove references to Ms. Owens.
However, Ms. Owens had no issue with other residents praising her as “beautiful” and “wonderful” in meetings, according to FIRE.
In the lawsuit resolution, the City of Eastpointe entered into a consent decree prohibiting the city from enforcing an unconstitutional limitation on public comments “directed at” an elected official and requiring it to allow members of the public to criticize its elected officials.
In the settlement, Eastpointe also agreed to establish Sept. 6 as an annual “First Amendment Day” in the city and passed a resolution apologizing to the plaintiffs.
Eastpointe also agreed to pay each plaintiff $17,910, plus attorneys’ fees, for a total of $83,000.The $17,910 represents the year of the First Amendment’s ratification in 1791.
“I am pleased with FIRE’s diligence and ability to keep moving forward,” said Ms. Hall-Rayford in prepared remarks. “I hope the city will do the same, now that everyone is aware of the consequences for violating the First Amendment. I applaud FIRE’s efforts to keep up the good fight with others, as they did for me.”
“The First Amendment protects every American’s right to criticize government officials,” said Mr. Fitzpatrick. “With this settlement, Eastpointers can have confidence their voices will be heard and local governments can be left with no doubt there are serious consequences for violating the First Amendment.”
Now residents of Eastpointe have their First Amendment Day, the day Ms. Owens, in one instance, violated the plaintiffs’ rights.
“We wanted September 6th, the day Mayor Owens shouted down at our clients, to be First Amendment Day—to turn September 6th into a positive day for free expression and the First Amendment,” said Mr. Fitzpatrick.
The current mayor, Mike Klinefelt, told The Epoch Times, “I’m glad we were able to come to a resolution. Citizens have every right to criticize officials during the hearing of the public. Decisions we make at the local level directly impact our community. I believe government functions better when residents are engaged and hold local leaders accountable.”
Mr. Klinefelt said he has also heard from residents about their newly designated day.
“I’ve gotten positive feedback on First Amendment Day,” Mr. Klinefelt said. “I think it’s good to designate a day to remind ourselves how valuable free speech is to our democracy.”
