Eastpointe declares Sept. 6 ‘First Amendment Day,’ settles lawsuit

EASTPOINTE — Following the settlement of a lawsuit filed by four Eastpointe residents, City Council passed a motion declaring Sept. 6 as First Amendment Day.

The lawsuit was filed in U.S. District Court Nov. 9, 2022, by Mary Hall-Rayford, Karen Beltz, Karen Mouradjian and Cindy Federle through Philadelphia-based nonprofit Foundation for Individual Rights and Expression, or FIRE. It accused former 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.

The incidents took place at multiple City Council meetings in 2022. At the Sept. 6, 2022, meeting, Owens tried to prevent two of the women from saying positive things about 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 ultimately was denied by a Macomb County Circuit Court judge later in September.

At the Sept. 6, 2022, 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 time, resident Karen Mouradjian — another plaintiff in the suit — tried to criticize the mayor’s treatment of the other two women but ultimately ended up arguing with Owens.

The Sept. 6, 2022, meeting ended after fewer than 20 minutes, when the city’s four other council members stood up and left amid the arguing.

On Dec. 7, 2022, U.S. District Court Judge Terrence G. Berg issued an injunction that states that “members of the public may direct and/or express comment, criticism or praise to and regarding public officials.”

The order also stated that comments may be about, but are not limited to, the mayor and City Council, disputes between them, police matters and other matters of public concern. It was ordered to remain in effect until the disposition of the lawsuit or until there was a different court order.

As part of the settlement, the city is required to enter into a consent decree prohibiting the city from enforcing an unconstitutional limitation on public comments directed at elected officials, which was signed on March 14; pay each plaintiff $17,910 — a sum representing the year of the First Amendment’s ratification; pass a resolution apologizing to the plaintiffs and designate Sept. 6 as First Amendment Day going forward.

“The First Amendment protects every American’s right to criticize government officials,” FIRE attorney Conor Fitzpatrick said in a prepared statement. “With this settlement, Eastpointers can have confidence their voices will be heard and local governments can be left with no doubt there are serious consequences for violating the First Amendment.

The money each plaintiff received is being paid by the Michigan Municipal Risk Management Authority, Eastpointe Mayor Michael Klinefelt said in a text message.

At the City Council’s April 16 meeting last week, council voted unanimously to pass a resolution that served as an apology to the plaintiffs while also declaring Sept. 6 as First Amendment Day. The motion passed unanimously.

Owens remained as a defendant in the case until the conclusion of the case. However, as a result of the settlement, the entire lawsuit, including the claims against Owens, was dismissed, Fitzpatrick said in an email.

Timothy Ferrand, who was listed on court documents as representing Owens and the city in the lawsuit, did not return a request for comment before press time.

Councilman Harvey Curley applauded the four residents who sued the city, stating that their rights were “definitely violated.”

“I applaud you. I back you 100%,” he said at the April 16 meeting. “It was a brave thing to do. The four of you could’ve just said, ‘Well, all right, let’s go next door and solve it.’ But you took it a step further and I’m so happy you did. You proved to the citizens of this community that you can do it; you can be brave.”

Federle and Hall-Rayford both spoke during the second public comment portion of the meeting.

Federle thanked the City Council for its support.

“It really was a very difficult endeavor,” she said. “I am not a person who typically speaks out. I’m the little mouse that stays in the back of the room. But I am very proud of what we did.”

Hall-Rayford agreed that it had been a difficult endeavor. She also thanked the council for its support.

“It’s not the best route to take the easy way out,” she said. “And even when things are difficult, we have to make up our minds to do what’s right, rather than doing what’s easy.”

Klinefelt acknowledged that the actions that led to the lawsuit took place before he was elected as mayor, but he assured residents that he won’t cut them off or shy away from criticism.

“All I can do is promise everyone that I will never interrupt people during their time to speak,” he said. “And if I do interrupt, I really am just trying to maintain decorum. … We did sign up for this, sitting up here. So any criticism that comes our way is something we should be prepared for.”