Mayor dismisses lawsuit against disapproving Walnut Grove resident
SPRINGFIELD, Mo. – The ACLU of Missouri reached a settlement with the mayor and city of Walnut Grove, Mo., on behalf of a resident whose First Amendment right to speak out against a public official’s actions was violated.
The legal dispute came to a close following the Walnut Grove Mayor Jim Cole’s dismissal of his retaliatory lawsuit, in which he argued resident Linda O’Toole’s public criticisms were slanderous. Cole’s dismissal comes alongside a settlement payment for O’Toole’s litigation expenses. The ACLU of Missouri and O’Toole have in response dismissed their lawsuit.
“I felt like the system was punishing me for speaking out on a public official,” said plaintiff Linda O’Toole. “I did not have the power to feel secure in exercising my constitutional rights.”
In September 2014, Walnut Grove Mayor Jim Cole shot and killed a stray border collie that was caring for her newborn puppies. Displeased with the mayor’s actions, O’Toole spoke at a city hall meeting and started an online petition encouraging community members to demand that the mayor resign and city officials become educated on modern methods of animal rescue.
In April 2015, Cole filed a lawsuit claiming that O’Toole’s speech was slanderous. O’Toole has been forced to endure burdens of the lawsuit, including the cost of litigation. This attempt at silencing her criticism has left O’Toole afraid to exercise her First Amendment right to express disapproval of a public official’s actions.
“The criticism of public officials’ actions is protected under the First Amendment,” said ACLU of Missouri Legal Director Tony Rothert. “The abuse of power in attempt to silence public criticism is unconstitutional.”