In Michigan, it's free speech ... Sometimes

By The Associated Press

08.25.00

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WESTLAND, Mich. — Freedom to comment at public community meetings varies widely in this state, and the disputes over public addresses can often lead to conflict.

At one recent Westland City Council meeting, for example, Debra Hessler-Davis had three minutes to speak, but much of the time was taken up by interruptions from council members.

When the time expired, she would not yield the floor, The Detroit News reported. So Council President Pro Tem David Cox then ordered police to remove her. Instead, 25 supporters circled her, challenging police to arrest them or let her finish.

She was allowed to finish.

In Warren, on the other hand, the City Council has simply made it a crime to disrupt its meetings.

The state's Open Meetings Act requires communities to allow public comment at public meetings. But the act doesn't spell out how much time to allow or when comment has to be allowed, according to the Michigan Attorney General's Office.

In Ann Arbor, for instance, the council allows four people to speak for four minutes on a first-come, first-served basis at the beginning of each meeting.

Other communities only allow comment at the end of a meeting. Some restrict comments to agenda items.

These types of limitations appear to be common across the state. The Michigan Municipal League surveyed 43 communities and found that 25 imposed some type of time limits on residents' comments.

Not surprisingly, some residents don't buy it

"By limiting comment, what they're basically telling the public is, 'We want to represent you, but we don't want to hear you.' Well, we're saying, 'How can you represent us if you don't know what we want?'" said Westland resident Tom Mari.

While communities can regulate how much comment and when they allow comment at meetings, they cannot regulate content, said Michael J. Steinberg, legal director of the American Civil Liberties Union of Michigan.

"Once you establish an open forum, you cannot limit the content of the speech without running into First Amendment problems," he said.

That's why the ACLU is closely following a Bay City proposal that would ban residents from "personally attacking" city officers and require residents to make their statements in a "responsible and courteous manner."

"There's a constitutional right to be discourteous," Steinberg said.

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Grand Prairie, Texas, man sued town after mayor prevented him from speaking during two 1999 meetings.  12.15.01