The commenter on the “Grievance” post put in the wrong link. Since this person made everyone aware of it the correct link is:
Let’s take a step back and follow up on a story that I first posted on July 30, 2007 regarding Canterbury resident Jeanette Kildea and the ACLU suing Canterbury because the town had banned public speaking.
Here is the original post:
A Story to Watch
Posted By Cindy
HARTFORD — (AP)
A dispute over a ban on public speaking at selectmen meetings in Canterbury has landed in federal court.The state chapter of the American Civil Liberties Union Wednesday asked a federal judge to reinstate public participation at meetings while its lawsuit against the eastern Connecticut town goes forward.U.S. District Judge Thomas P. Smith heard testimony, but did not issue any ruling on the request and directed lawyers from both sides to return to court Aug. 23.The ACLU is suing the town because First Selectman Neil Dupont Sr. banned public speaking at Board of Selectmen meetings after an incident involving resident Jeanette Kildea.
The lawsuit claims Dupont and the board are violating state and federal freedom of speech laws by prohibiting public participation at meetings.
The suit asks for an acknowledgment of wrongdoing from the board, reinstatement of public participation at selectmen meetings and other damages, including legal fees.
“The only reason I stopped it (public participation) was because it was getting out of hand,†Dupont testified Wednesday.Attorneys representing Dupont presented evidence depicting a hostile atmosphere at selectmen’s meetings.
Witnesses for the ACLU spoke of the importance of public participation at town boards and commissions.
“I’ve never failed to learn something from public participation and I firmly believe there’s no downside,†Walter Moriarity, an alternate member of the Planning and Zoning commission testified.
No public participation has been allowed at Board of Selectmen meetings since March. Dupont confirmed in court Wednesday 10 meetings have been canceled since January.
— — —
Information from: Norwich Bulletin
Well, apparently Ms. Kildea and the ACLU settled with the town of Canterbury for $60,000 which also includes the re-instatement of public speaking at their selectman meetings.
Here is my old paper–The Norwich Bulletin’s account of the story.
Norwich Bulletin
Canterbury, Conn. —
After a year of political and legal wrangling, the town settled a civil suit Thursday brought by a resident who claimed her free speech rights were violated.
In a mediation session at Hartford Federal Court, the Board of Selectmen agreed to pay Jeanette Kildea $60,000 through the town’s insurance company, effectively freeing the town from further legal action.
“This settlement represents the best possible option for the town,†First Selectman Brian Sear said in a written statement. “The current Board of Selectmen inherited this lawsuit, and we have worked diligently toward a resolution that is in the town’s best interest.â€
In March 2007, Kildea filed a complaint with the Connecticut chapter of the American Civil Liberties Union alleging her free speech rights were violated by the Board of Selectmen.
Kildea claimed First Selectman Neil Dupont Sr. curtailed public participation at several selectmen meetings from November 2005 to September 2007. Dupont cited the disruptive behavior of speakers as the reason for his action.
“I don’t think it’s right (the town) settled,†Dupont said Friday. “I think they should have fought it.â€
Sear said public comment has been reinstated at selectmen meetings since his election in November. Each meeting has two resident participation times.
The ACLU had filed several suits against the town on Kildea’s behalf alleging Dupont and selectmen Christopher Johnson and Paul Santoro were violating state and federal freedom of speech laws.
The suit asked for an acknowledgment of wrongdoing, reinstatement of public participation and other damages, including legal fees in excess of $15,000.
Sear said the recent settlement concludes the town’s battle with Kildea and the ACLU.
Resident Luther Thurlow said he has concerns for the town down the road.“Without a clear decision by the court, what have we gained besides publicity?†Thurlow asked. “What’s going to prevent someone else coming forward in a few years with this same issue if we have new selectmen?â€
Thurlow said he supports free speech, but not at the expense of everything else.
“It’s frustrating for a selectman to try and run a meeting if he doesn’t have some sort of control,†Thurlow said. “What did the town get for the money it paid?â€
Kildea and ACLU representatives could not be reached Friday for comment.
Resident Edward Grab, 74, who regularly attends selectmen’s meetings, said he’s glad the matter’s settled.
“It’s a step forward,†Grab said. “And the town has been moving forward since the new administration took over.â€
Reach John Penney at 774-1093 or jppenney@norwichbulletin.com
Dec. 5, 2006: First Selectman Neil Dupont Sr. refuses to let resident Jeannette Kildea speak during the public participation portion of the Board of Selectmen meeting. Kildea files a complaint with the American Civil Liberties Union.March 12, 2007: The ACLU sends a letter to Dupont and Town Attorney Richard Cody, urging them to address Kildea’s complaint.
March 28: Cody sends a responding letter to the ACLU, saying the Board of Selectmen has a right to limit “vulgar, offensive and shocking speech.â€
March 29: Public participation is removed from the Board of Selectmen meeting agenda. It has not been on an agenda since.
May 16: The ACLU sends another letter to Cody and Dupont, telling them to reinstate public participation. It gives them a May 24 deadline to comply before the ACLU sues the town.
June 5: Nearly two weeks after the May 24 deadline, marshals serve all three selectmen with the lawsuit filed by the ACLU.
July 25: Attorneys from the ACLU present evidence in federal court seeking a preliminary injunction to reinstate public participation throughout the course of its litigation with the town.April 10, 2008: Canterbury settles the lawsuit, agreeing to pay Kildea $60,000 through the town’s insurance company. The settlement frees the town from any further legal action in the matter.