PROVIDENCE – The American Civil Liberties Union of Rhode Island Inc. on Monday filed a federal lawsuit against the Warwick City Council after a resident was barred last month from speaking at a council meeting about allegations of ethical misconduct aimed at one of its members.
The lawsuit, filed by ACLU attorneys Thomas W. Lyons and Rhiannon Huffman, claims the City Council violated Robert Cote’s First Amendment rights to freedom of speech and freedom of petition.
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“Once government officials create a forum for public content, they cannot restrict the public’s comments because they do not agree with the comments or the comments offend them,” Lyons said.
On July 17, Cote sought to address allegations from a local news report regarding the role of council member Donna Travis in a controversial acquisition of land from the Oakland Beach Real Estate Owners Association during the public comment period. However, Travis cut off Cote from speaking about it, claiming it did not involve city government – and had a police officer remove him from the meeting. Cote had also wanted to comment on two additional city-related issues at the meeting but never got the chance to do so as a result of Travis’ actions, according to the lawsuit.
Travis said a few days later she relied upon an unwritten City Council policy against “personal attacks” during the public comment period to ban Cote from speaking.
The lawsuit seeks a court order to allow Cote to speak at an upcoming council meeting on the issues he intended to raise at the July meeting, “as well as any future comments he wishes to make respecting matters affecting Warwick government”; a declaration striking down the council’s “unwritten practice of preventing members of the public from making comments critical of individual public officials” during the public comment segment of council meetings; and an award of monetary damages and attorneys’ fees.
“In my years of advocacy, my local government has become increasingly hostile to anyone who challenges the status quo,” Cote said. “I am hopeful that Warwick-elected and full-time employees come away from this situation with an understanding that although they temporarily hold power, they should listen to and respect every one of their constituents – even the ones who criticize.”
Travis did not immediately respond to a request for comment.
Good for Robert Cote! These petty tyrants get into office and think they’re kings and queens, they forget that they’re REPRESENTATIVES, they’re there to represent US – not themselves.
As for Donna Travis, as the old saying goes: f you can’t stand the heat then get out of the kitchen!