City must apologize and ensure free speech at meetings, following consent judgement in ACLU lawsuit
ST. LOUIS – A federal judge entered a consent judgement today in a case where University City violated the free speech rights of a citizen when police removed him during the public comment portion of a city council meeting. University City is ordered to publicly apologize for its actions and develop a policy that ensures freedom of speech at city council meetings.
The judgement comes after a lawsuit filed by the ACLU of Missouri on behalf of Andrew Roberts.
In January 2016, University City Mayor Shelley Welsch ordered police to remove Roberts from a council meeting while he was speaking against a resolution. In his statement made during the public comment portion of the meeting, Roberts planned to call for the censure of Welsch because of a recent policy decision.
Welsch also temporarily barred Roberts from speaking at future meetings.
“Just because a public official does not like what someone says about her does not give her the right to censor constitutionally protected speech,” said Tony Rothert, ACLU of Missouri Legal Director. “The right to criticize public officials without retribution is at the heart of a thriving democracy.”
Judge Audrey Fleissig ordered University City to apologize to Roberts for violating his First Amendment and due process rights.
Fleissig also ordered that University City officials must allow Roberts to attend and speak at any future city council meeting without regard for the content of his speech. They must also never remove or ban someone from the public comment portion of a public meeting again based on what they have to say. University City also must develop and enforce a policy prohibiting restricting anyone’s speech based on its content during public comment at city council meetings.
University City must also pay Roberts’ attorney fees.
“It doesn’t matter if you are in a big city or a small town in Missouri, your First Amendment right to free speech is guaranteed by the constitution,” said Jeffrey Mittman, Executive Director of the ACLU of Missouri. “The ACLU of Missouri will continue to protect rights of all Missourians.”