Warren City Council Revises Citizen Participation Rules

In response to a letter it received from the American Civil Liberties Union in September, the Warren City Council changed its rules and procedures regarding public participation and citizen input.

In an effort to maintain decorum regarding community members speaking during portions of meetings that include the public, the City Council voted unanimously at a July 25 special meeting to amend its rules and procedures to adopt strict rules for speakers and outline the possible consequences if those rules are not followed.

Warren resident Jerry Bell, who is a frequent speaker at council meetings, notified the ACLU of the amendment because he believed it represented a violation of the First Amendment. The ACLU agreed and contacted the City Council requesting changes to the rules for audiences.

The original amendment stated that members of the public must refrain from profane language, obscene behavior, disruptive comments or gestures, booing, personal attacks, speaking for longer than the allotted three minutes, or “conduct that is or is likely to become disorderly conduct ‘.

Any person who commits this violation risks having their microphone turned off while speaking, losing any remaining speaking time, being expelled from the meeting, and losing the right to speak at future meetings.

The ACLU letter focused on “personal attacks” and “conduct likely to constitute disorderly conduct” as areas of the policy it views as problematic. The letter stated that while the government may impose limits on the content of speech, such limits must be position-neutral and reasonable in light of the purpose of the forum.

The ACLU asserted that both restrictions are position neutral and unreasonable.

Council Clerk Mindy Moore said the council held a private meeting with its attorney, Jeffrey Schroder, prior to the Nov. 12 regular meeting and opted to make changes to the amendment in response to the ACLU letter.

“We had a closed session and a conversation with our attorney to discuss a legal memo that was sent to the City Council and this is the product of it,” Moore said.

The revised language still calls for audiences to speak no longer than the allotted three-minute time; refrain from using sexually explicit or profane language; refrain from obscene behavior, gestures or comments and loud or boisterous behavior; to refrain from making defamatory statements about another person, using insults or threats against that person; saying or doing anything to “incite an ordinary person to violence or retaliation” or engaging in conduct that disrupts, disrupts or impedes the orderly conduct of a council meeting.

Bell said that even with the latest revisions, he believes the City Council is trying to silence critics and that the policy still violates free speech.

“It’s still very subjective what is considered disruptive and what isn’t,” says Bell. “If I address the Council or a specific member of the Council about something, will that be perceived as inflammatory?

“I think they are trying to limit speech and protect themselves and prevent residents from criticizing them, but we have the right to criticize elected officials.”

The original amendment was introduced after a July 9 City Council meeting, where Bell sharply criticized Council President Angela Rogensues, calling her a “turncoat” and suggesting she was using personal tragedy to gain votes in the 2023 election.

Rogensues cried and called Bell a “disgrace of a human being” before briefly leaving the Council podium.

Bell said he plans to speak with ACLU attorneys and meet with National Action Network officials to discuss the City Council’s revised rules and procedures.

In addition, Bell filed a complaint with the Warren Police Department last week, alleging a violation of the Michigan Open Meetings Act during a regular city council meeting on July 9. Bell said he was told the Warren Police Department and the Macomb County Sheriff’s Office do not investigate these types of complaints and advised him to contact the Michigan Attorney General’s office.

He said the revised audience rules will not limit his participation in future Council meetings.

“I’m going to continue doing what I’m doing,” Bell said. “I am not threatening anyone or trying to cause disruption.

“I’m just pointing out certain issues that I think the council is responsible for or has contributed to.”