The city of Bangor, Mich., is sending a message to residents: “[T]hey better keep their mouth shut” or face a defamation lawsuit.
In a 7-0 vote by the Bangor City Council in January, councilmembers approved a motion “to allow City Attorney (Scott) Graham to file charges with the court against all parties involved in statements that have caused harm to the city,” MLive reports.
The move was prompted by comments from concerned residents about City Manager Justin Weber also serving as police chief and other government transparency issues, and officials are now facing fierce backlash in the city and beyond.
A.C. Fisher-Aldag, who runs the Facebook page Bangor Apple Press, focused on local news, told MLive the motion gives the impression any critical comments could spark an expensive lawsuit, alleging it illustrates how the city continues to “trample citizens’ civil rights, including the right to free speech and freedom of the press.”
“Such action would violate the First Amendment, which completely bars government entities like the city of Bangor from suing for defamation,” the national nonprofit Foundation for Individual Rights and Express wrote in a letter to the city in late February.
“If Bangor officials believe a constituent has made a false statement about the city, they can publicly condemn the statement, express disagreement or say why they believe it inaccurate,” FIRE’s letter read. “What they may not do is sue or otherwise punish the speaker.”
The controversy centers in large part on resident Steve Honeycutt’s attempt to understand Weber’s employment arrangement with the city and how Weber is paid, and the city’s denial of Honeycutt’s public information request for that information.
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Honeycutt is now running for mayor of the town of roughly 2,100, while current Mayor Lynee Farmer defends the obstruction in her bid for reelection in May.
Farmer points to what she contends are false claims Weber “receives two paychecks” and a new door buzzer system at City Hall some have argued is locking out constituents, as evidence residents “are sharing things that they know are absolutely false.”
Farmer contends “burdensome” Freedom of Information Act requests for Weber’s pay – which is public information – are bogging down city officials and creating safety concerns.
“These may seem like extreme measures, but it’s our job as the council and my job as mayor to the best of my ability to keep our city workers safe and to make them feel comfortable in the job they’re doing for us as citizens,” Farmer told MLive. “It’s become quite dangerous, actually.”
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Farmer refused to divulge Weber’s pay to the news site.
The situation came to a boil last month, when a resident filed a complaint against Weber alleging assault during a heated argument at a city council meeting that spilled into the street, WSBT reports.
A video of the incident posted online shows Weber berating three residents, labeling them “pansies” outside of city hall.
Weber in January addressed the controversy with a public letter that ignored concerns about his pay, but has otherwise declined to comment in the media.
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“The City acknowledges the right of all to speak freely in any way about the operation of the City so long as the speech does not consist of knowingly false statements that are defamatory,” the letter read. “The City considers speech to be defamatory if it includes statements that the speaker knows to be false if those statements harm the reputation of another.”
It’s unclear how residents could make “knowingly false statements” about Weber’s pay without the public information requested by Honeycutt. Farmer insisted to MLive “he does not collect double salary” and pointed the news site to documents she alleged were posted to the city’s Facebook page.
“Honeycutt said he’s dug around for months and has been unable to find any such documents. The only response he received is the city telling him they are private,” the news site reports. “MLive requested an estimate of Weber’s pay on March 27 and received no response, then (filed) a FOIA request for paychecks on Friday, April 4.”