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Warren City Council changes audience participation rules once again
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Warren City Council changes audience participation rules once again

Two months after the ACLU of Michigan sent a letter After briefing the Warren City Council on its new public comment policy, the council revised the policy this week and no longer explicitly prohibits “personal attacks.”

Warren Council passed In July, a change to the rules of procedure banned members of the public from making personal attacks, making offensive comments and using profanity during council meetings.

But the ACLU of Michigan sent a letter to the council in September urging it to repeal or change the policy. Representatives of the nonprofit argued that banning personal attacks and conduct “likely to incite disorderly conduct” was unconstitutional. City Council attorney Jeffrey Schroder said at the time that he and the city would review the policy and respond once they had “a chance to thoroughly investigate her allegations here.”

At Tuesday’s council meeting, the board unanimously approved revisions to its rules. The new policy prohibits various actions and behaviors, such as speaking longer than the allotted time, using obscene language, and using profane language that disrupts the meeting.

City Council Secretary Mindy Moore said the council held a closed session before the meeting to discuss the “legal memorandum sent to council” and that the revised policy was the product of that session.

Asked if the revisions were in response to the ACLU’s letter, Moore said he could not talk about anything discussed in the closed session.

“I agree with the language – I think it’s okay,” he said. “But beyond that I can’t talk about anything because it was a closed session.”

Warren resident Jerry Bell, who accused the council of violating the Open Meeting Act, suggested council members wanted to restrict people’s comments at Tuesday’s meeting.

“Do you really think you’re going to silence me and the rest of the people with these ridiculous council rules and procedures?” he said.

ACLU’s stance on policy

The change, approved by the council in July, says members of the public should “refrain from abusive language, obscene behaviour, offensive comments or gestures, mockery, personal attacks, speaking for longer than the allotted time or behavior that is disruptive or likely to provoke.” disorderly conduct.”

Warren council members it has been said before The changes occurred in Michigan’s third-largest city because some residents were “abusing” audience participation during meetings to attack other residents and elected officials, and the changes were intended to ensure everyone in the audience felt comfortable coming to the podium.

City Council President Angela Rogensues has previously stated that these rules do not prevent people from criticizing council members, stating that personal attacks on the city’s business are allowed.

In its letter to the council, the ACLU expressed concerns about restrictions on personal attacks. ACLU of Michigan Legal Director Dan Korobkin and Senior Staff Attorney Phil Mayor said the government “cannot impose restrictions that privilege some viewpoints over others.” The council’s rule stated: “Personal attacks are defined as attacks on a person’s conduct or character that are unrelated to the manner in which he performs his duties.”

They said that under the rules, a member of the public is allowed to praise “a person’s behavior or character” but not condemn or ridicule him.

Korobkin could not be reached for comment.

revised policy

According to the new policy, members of the public must refrain from talking for longer than the allotted time and using obscene language.

While the old policy generally prohibited abusive language, the new policy specifically prohibits “the use of abusive language that disrupts, disturbs or obstructs the orderly conduct of a council meeting.” Similarly, obscene behavior, gestures or comments that “disrupt, disturb or obstruct the orderly conduct of a council meeting” are also prohibited.

There is no mention of “personal attacks” in the corrections. But viewers must also refrain from “making defamatory statements about another person using epithets or threats directed at another person that tend to provoke an ordinary person into violent, retaliatory action” and “engaging in other conduct that may offend individuals,” according to the policy. Disrupts or obstructs the orderly conduct of a meeting of the Council.”

“Disruption of speakers or council sessions will not be tolerated,” the policy as read by Moore on Tuesday states. “Anyone who interrupts the speaker or the council meeting will be removed from the meeting.”

Moore told The News that council members did not want the meeting to be interrupted.

“This is a business meeting and we don’t want any disruptive or disruptive behavior, especially from people at the microphone,” he said.

Moore said he doesn’t want anyone speaking during audience participation to be intimidated or bullied.

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