Eastpointe residents sue city, mayor, for alleged First Amendment violations

EASTPOINTE — The city of Eastpointe and its mayor are being sued by several residents who allege that they had their First Amendment rights violated during public comment portions of multiple City Council meetings earlier this year.

The lawsuit was filed in U.S. District Court Nov. 9 by Mary Hall-Rayford, Karen Beltz, Karen Mouradjian and Cindy Federle through Philadelphia-based nonprofit Foundation for Individual Rights and Expression, or FIRE.

The lawsuit accuses Eastpointe Mayor Monique Owens of abusing her power “by shouting down and suppressing criticism of her while the floor was open for public comments,” according to a press release by FIRE.

“Judging by Owens’ behavior at recent City Council meetings, a mayor is someone who is above criticism, who can shout down constituents whose views she does not like, and who doesn’t have to adhere to the First Amendment,” a press release alleges, referencing Owens’ children’s book titled “Mom, What’s a Mayor?”

The press release alleges that at a March meeting, Owens “forced Eastpointe resident Cindy Federle to alter her remarks to omit criticism of the mayor — Owens herself — and (reframe) it as criticism of ‘the council’ or ‘the body.’”

“Owens claimed, based on a City Council policy FIRE is challenging, it is inappropriate to ‘direct’ a comment at a particular individual,” the press release states. “But at the prior meeting, Owens allowed a supporter to describe her as ‘beautiful’ and ‘wonderful’ uninterrupted.”

A video of City Council’s Sept. 6 meeting shows Owens arguing with Hall-Rayford and Beltz, who used the public comment portion of the meeting to voice support for Councilman Harvey Curley, whom Owens had previously filed a personal protection order against after he allegedly attacked her at an event over the summer.

The PPO was ultimately denied by a Macomb County Circuit Court judge later in September.

At the Sept. 6 meeting, Owens tried to prevent the two Eastpointe women from speaking about Curley — Hall-Rayford said only positive things about Curley when she eventually got her time to speak — or the events that had transpired between her and Curley, which Beltz called “outrageous claims.” Toward the end of the public comment section, Mouradjian tried to criticize the mayor’s treatment of Hall-Rayford and Beltz, but ultimately ended up arguing with Owens.

The Sept. 6 meeting ended after fewer than 20 minutes, when the city’s four other council members stood up and left amid the arguing.

The lawsuit is also challenging City Council’s policy that prohibits the public from directing comments at an individual member during the public comment section of its meetings.

“City Council meetings aren’t safe spaces for elected officials,” FIRE attorney Harrison Rosenthal said in the press release. “They’re opportunities for politicians to get honest feedback from the public.”

According to FIRE Attorney Conor Fitzpatrick, who said he is the lead attorney on the case, FIRE became involved once it saw the video of the Sept. 6 meeting.

“Once FIRE saw the video of Mayor Owens violating Eastpointers’ First Amendment rights, we wanted to help in any way we could,” he said in an email. “FIRE is committed to protecting the First Amendment rights of all Americans, no matter their political persuasion or location.”

Neither Owens nor Eastpointe’s city attorney, Richard Albright, returned requests for comment.

The lawsuit isn’t the first time Owens, who was elected in 2019, has come under scrutiny. Earlier this year, a complaint was filed against her by former Eastpointe Arts & Cultural Diversity Commission Chair Alysa Diebolt, who stated Owens violated the city’s ethics ordinance by calling the city’s public safety director to be present at City Hall during an incident in February 2020.

The ethics complaint was dismissed and City Council voted 3-1 to censure Owens.