Eastpointe settles lawsuit with four residents over alleged First Amendment rights violations

The city of Eastpointe has settled a lawsuit with four residents who sued the city in 2022, alleging their First Amendment rights were violated during city council meetings when they were prohibited from speaking during public comment periods by the city's former mayor.

As part of a settlement finalized last month, the city paid each plaintiff $17,910 — a sum representing the year of the First Amendment was ratified, 1791 — and attorneys’ fees. The city also had to declare Sept. 6 as "First Amendment Day," according to the citizens' attorney.

"Considering the fact that all we really wanted was an apology, I'd say we're satisfied," said Mary Hall-Rayford, one of the plaintiffs.

Hall-Rayford was one of four residents, along with Karen Beltz, Karen Mouradjian and Cindy Federle, who sued the city in 2022. They accused former Eastpointe Mayor Monique Owens of abusing her authority during public meetings and silencing critics.

Under the settlement, the city of Eastpointe had to enter into a consent decree prohibiting it from enforcing a limitation on public comments and requiring it to allow members of the public to express criticism of public officials during meetings, according to the nonprofit Foundation for Individual Rights and Expression. The lawsuit was filed by the nonprofit on behalf of the citizens.

In an unanimous vote Tuesday, the City Council also passed a resolution in which it declared Sept. 6 as First Amendment Day and apologized for the events of two City Council meetings in 2022. The city was required to take those steps as part of the settlement.

Mayor Michael Klinefelt — who succeeded Owens after defeating Hall-Rayford in the election last November —promised he would never interrupt members of the public when it's their time to speak. He said he only interrupts people to maintain decorum, and he noted that he makes sure citizens get the full amount of time to speak.

"We did sign up for this, sitting up here, so any criticism that comes our way is something we should be prepared for," he said.

More:Eastpointe meeting devolved into shouting. Then came the lawsuit

Contentious meetings in 2022

At a council meeting in March 2022, 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."

The City Council meeting agenda stated that audience members speaking during public comment "shall direct their comments to the council as a body, not to an individual member of council or the public," though Eastpointe doesn’t clarify further, the court filing said.

Before the Sept. 6, 2022, council meeting, demonstrators gathered at Eastpointe City Hall to support Councilman Harvey Curley amid an ongoing dispute with Owens, according to the document.

Hall-Rayford alluded to the dispute when indicating support for Curley during public comments on Sept. 6. According to the lawsuit, Owens interjected: “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.”

When Beltz spoke at the meeting and mentioned Curley faced “outrageous claims,” her lawyers said in the filing, Owens “cut off and shouted down” the longtime resident, yelling: “You’re not going to sit here and assault me, lady I never met!”

Mouradjian, the speaker after Beltz, criticized Owens, who interrupted and shouted over her, telling her her comments were out of order, the lawsuit said.

Ultimately, the meeting abruptly halted as the remaining council members departed, leaving Owens sitting at the dais alone.

Owens couldn't be immediately reached for this story.

After the four woman filed the suit in November 2022, a federal judge in Detroit issued an injunction the next month blocking Eastpointe officials, including the mayor, from stopping residents from commenting on them or issues of concern during its public meetings.

First Amendment rights

Conor Fitzpatrick, an attorney for FIRE who represented the citizens, said the injunction was a temporary measure that was in place as the case proceeded.

Fitzpatrick said if a similar issue occurred in the future, the plaintiffs could sue to enforce the consent decree. He said the decree brings "the city into compliance with the First Amendment."

"The First Amendment … already requires that citizens be allowed to voice their concerns and direct their concerns to public officials," he said. "But this consent decree provides an enforcement mechanism to make sure that Eastpointe continues to respect the first amendment."

Hall-Rayford said that through the declaration of "First Amendment Day," she and the other plaintiffs wanted residents to know that "they have a right to speak up."

"We want to encourage people to get out and feel comfortable speaking their thoughts, even if it is criticizing someone or praising them — you know, whatever you want to do," she said. "We wanted the residents to know that it's okay — you have a right to say that."