Judge: Eastpointe residents can comment on mayor, council during public meetings

A federal judge in Detroit has issued an injunction blocking Eastpointe officials, including the mayor, from stopping residents from commenting on them or issues of concern during its public meetings.

The decision, issued Wednesday by Detroit U.S. District Court Judge Terrence Berg, stems from a lawsuit against the city of Eastpointe and its mayor filed last month by four residents, claiming their First Amendment rights were violated during a city council meeting's public comment portion in September.

"During public participation periods ... of Eastpointe City Council meetings, subject to reasonable time, place, and manner restrictions, members of the public may direct and/or express comment, criticism, or praise to and regarding public officials, including but not limited to remarks about the mayor, the city council, disputes between the two, police matters and other matters of public concern," Berg said in his injunction.

He also said his order will remain in effect until the issue is settled in court or an appeals court halts it.

Eastpointe school board members Mary Hall-Rayford, Karen Beltz, Karen Mouradjian, and Cindy Federle filed the lawsuit in U.S. District Court through the Philadelphia-based nonprofit Foundation for Individual Rights and Expression, which is better known for its lawsuits seeking to defend free speech on college campuses.

The suit accuses Eastpointe Mayor Monique Owens, who was elected to the office in 2019 as the city's first African-American mayor, of abusing her authority during public meetings and silencing critics.

Hall-Rayford said in an email Friday that the judge's decision was encouraging.

"Hopefully, it will be permanent and will serve as an encouragement for all residents to freely express themselves in a council meeting," she said. "Since September 6, 2022, was not the first time residents have been shut down when speaking in a council meeting by Owens, when given the opportunity to change what transpires and ensures Freedom of Speech is not curtailed in the future, I took it."

At a council meeting in March, Federle started to speak about the mayor mentioning those who protested against her. But Owens interrupted, requiring the health care worker “to alter her comments to complaining about the ‘Council’ or ‘the Body’ before allowing her to proceed,” according to the lawsuit. "Ms. Federle altered her remarks as Mayor Owens demanded, omitting direct criticism of the mayor, and concluded her comments."

In a statement after it filed the lawsuit in November, FIRE accused Owens of abusing her power as the presiding officer" at a Sept. 6 meeting "by shouting down and suppressing criticism of her while the floor was open for public comments."

A video clip linked to by FIRE shows Owens refusing to let Hall-Rayford talk about supporting council member Harvey Curley in a dispute with the mayor. Owens said she was refusing to let residents speak about people mentioned in a police report.

“I’m going to stop you right there or we’re going to stop the council meeting because I’m not going to let you speak on something that has to do with the police," Owens said in the video clip and according to the lawsuit.

Council members asked the city attorney for an opinion. "Members of the public have a right to address the City Council or they may speak individually about a member of the council as well," the attorney said in the video.

"But I also have my First Amendment right," Owens said in response. "And if you're saying something out of line, as a mayor or not a mayor, I'm going to speak."

Months earlier, a disagreement at the "Cruisin’ Gratiot" event where Curley was present led to the mayor accusing him of assault and seeking a personal protection order, which was denied in court.

cramirez@detroitnews.com

Twitter: @CharlesERamirez