Walnut Grove official cannot take actions in retaliation for public criticism of his killing of dog
SPRINGFIELD, Mo. – A federal judge has ruled that a southwest Missouri mayor cannot take further action in retaliation for a resident’s criticism of his decision to shoot and kill a stray border collie that was caring for her puppies.
In August, the American Civil Liberties Union of Missouri filed a lawsuit against the mayor and city of Walnut Grove, Mo., on behalf of a resident who expressed displeasure with the mayor’s decision in 2014.
“The court has rightly found that public officials cannot retaliate against public criticism,” said ACLU of Missouri Legal Director Tony Rothert. “The right to criticize public officials is at the heart of our public commitment to free speech.”
United States District Judge Brian C. Wimes granted Walnut Grove resident Linda O’Toole a preliminary injunction against Walnut Grove Mayor Jim Cole, finding that she is likely to prevail on her claim that Cole violated the First Amendment when he filed a lawsuit claiming defamation.
Things began after O’Toole spoke at a city meeting and started an online petition encouraging community members to contact Walnut Grove City Hall to demand that Cole resign and public officials become more educated on modern methods of animal rescue.
In April 2015, Cole sued O’Toole in an attempt to silence her criticism. O’Toole has been forced to endure the burdens of the lawsuit, including the cost of litigation.
“Freedom of speech is a key part of a fully functioning democracy,” ACLU of Missouri Executive Director Jeffrey Mittman said. “We are glad the court made a decision to protect the civil liberties of all Missourians with this decision.”