Arizona Mom Sues City Over ‘Unconstitutional’ Public Meeting Rule Used To Arrest Her

The mom was arrested after she criticized the conduct of the city attorney.

'This is Michigan, not Moscow': Mayor sued by city residents who say she refused to let them speak during council meeting's public comment time



Four residents of Eastpointe, Michigan, filed a federal lawsuit against the city's mayor and the city this week, claiming the mayor is abusing her power and trying to silence her critics, the Detroit Free Press reported.

What are the details?

The paper added that Monique Owens also is accused of preventing the residents from speaking during a public comment time at a September city council meeting.

Mary Hall-Rayford, Karen Beltz, Karen Mouradjian, and Cynthia Federle filed the lawsuit Wednesday in U.S. District Court in Detroit, the Free Press reported, adding that the Foundation for Individual Rights and Expression filed the lawsuit on their behalf.

Owens had no comment Thursday, the paper reported, adding that messages were left for the Eastpointe city attorney seeking comment.

“This is Michigan, not Moscow,” FIRE attorney Conor Fitzpatrick said. “Public officials are elected to serve the people, not silence them. The First Amendment prohibits the government from requiring citizens to offer praise in order to be heard. FIRE is suing Owens to ensure that she no longer censors Eastpointers or tries to protect herself at the expense of the Constitution.”

FIRE sues Michigan mayor who abused power, shouted down constituentsyoutu.be

Fitzpatrick said a preliminary injunction was filed Thursday asking the court to prevent Owens from suppressing criticism while the lawsuit proceeds, the Free Press said.

More from the paper:

Len Niehoff, a professor at the University of Michigan law school, said if a state entity — and that includes a municipality or city — violates the First or Fourteenth Amendment, that raises a federal question and federal courts have jurisdiction. He had not seen the lawsuit and could not comment on its merits.

The situation dates back to June and a dispute between Owens and City Councilman Harvey Curley at the Cruisin' Gratiot car show, of which Curley is the longtime chairman. Curley, 85, a former mayor of the city, got upset that Owens spoke at the opening ceremonies.

The Free Press reported that Owens accused Curley of putting his hands in front of her face and cursing at her. In a petition for a personal protection order Owens filed against Curley, she said she feared for her safety. The paper added that Owens filed a police report, but the lawsuit says Curley was never arrested or charged.

A Macomb County Circuit Court judge ruled in September that Curley's behavior was "childish and extremely inappropriate" but denied Owens' request for a personal protection order, the Free Press said.

'You're not going to sit here and assault me, lady I never met!'

At the Sept. 6 council meeting, Hall-Rayford and Beltz tried to speak up for Curley during the public comment period, the paper said. But the Free Press — citing the lawsuit — said Owens repeatedly interrupted and shouted them down and claimed discussion of the dispute would "revictimize" her.

The suit also states that Owens yelled at Beltz — a 40-year-plus resident who had never spoken at a council meeting before — when Beltz said Owens' claims against Curley are "outrageous," the paper said.

With that, Owens cut her off and hollered: "You're not going to sit here and assault me, lady I never met!"

The lawsuit also claims the city attorney told Owens that members of the public have "free rein" to discuss whatever topics they choose, but Owens ignored his advice, the Free Press reported.

Soon, council members began to leave the meeting — after which Owens sat alone up front.

Eastpointe council meeting ends abruptly over battle between mayor, community membersyoutu.be

County official displays rifle during virtual public meeting after citizen complains about 'gun culture,' Proud Boys



A Michigan official is facing backlash for displaying a rifle during a virtual public meeting Wednesday after a citizen complained about "gun culture" in the area and what she saw as officials' support for the Proud Boys.

What are the details?

During the livestreamed meeting, Grand Traverse County Commissioner Ron Clous was in his home and said he was reacting to Keli MacIntosh's public comment concerning a Second Amendment resolution the board passed in March, the Traverse City Record-Eagle reported.

MacIntosh also questioned what she called the board's support of the Proud Boys and asked commission Chairman Rob Hentschel to issue a statement denouncing the group, the paper said.

At that point, Clous was seen on video stepping away from his webcam:

aImage source: YouTube screenshot

A little over 10 seconds later he returned with a rifle and displayed it at angle across his chest before putting it down and out of camera view. Clous displayed the rifle for about five seconds:

Image source: YouTube screenshot

How did the citizen react?

MacIntosh told the Record-Eagle she felt threatened by Clous' actions.

"This guy is in the middle of a government meeting brandishing a weapon. Why would I not think they were trying to harm me?" she asked.

What did Clous have to say?

Clous told the paper he grabbed his rifle and displayed in response to the board being asked to denounce the Proud Boys, adding that he won't denounce any group, whether it's Black Lives Matter, the NFL, or an LGBTQ outfit.

"The only thing I know about [Proud Boys] is when they came and spoke to us," he added to the Record-Eagle, noting the group may have been the most respectful among the groups that spoke at the March meeting.

"They were decent guys, and they treated us with respect," Clous added, according to the paper.

What did the board chairman have to say?

Hentschel — who can be seen laughing when Clous came back to the meeting with the rifle — told the Record-Eagle he had no problem with Clous' actions.

"I saw it across his chest, and I thought it was ironic of him to do that," Hentschel told the paper. "The person was talking about guns, and he had one across his chest. I didn't see him do anything illegal or dangerous with it. He wasn't threatening or brandishing. He was just holding it."

More from the Record-Eagle:

Hentschel said there is no board policy against open carry or concealed carry of firearms at board meetings that take place at the Governmental Center.

He said he isn't even sure it would be legal to have such a policy, though someone open-carrying at a public meeting might scare some people.

"It's not a great idea," Hentschel noted to the paper. "Personally, I would not feel unsafe."

What did a local attorney and activist have to say?

Holly T. Bird, a local attorney and activist, told the Record-Eagle she was upset by Clous' actions, saying that holding up the rifle could reflect support for the Proud Boys and the "insurrection" on Jan. 6 at the U.S. Capitol.

But Bird also told the paper Clous' actions constitute a "threat."

"Everyone knows that if you're walking down the street, and someone flashes a gun at you, it's a threat," Bird noted to the Record-Eagle. "To have a public official do that during a public meeting is horrendous."

Bird also said it doesn't matter that Clous displayed the rifle in his home, the paper reported.

"You don't have to be next to someone to make a threat," she added to the Record-Eagle. "You can communicate in other ways, including over the internet."

What did the county administrator have to say?

County Administrator Nate Alger told the paper that while he didn't see the rifle incident, he still "can't think of any laws that were violated, and I don't know of any policies that were violated. It got people's attention. If we have to look further into it, we certainly will."

Here's video of Wednesday's meeting. Just after the 1-hour-and-31-minute mark, Clous exits from his webcam frame and then returns with his rifle about 10 seconds later:

BOARD OF COMMISSIONERS REGULAR MEETING - JAN 20 2021youtu.be