In a case in which the ACLU of Rhode Island is challenging the Warwick City Council for stifling the free speech rights of local resident Robert Cote at a 2023 council meeting, the City is, the ACLU argued in court papers today, now attempting to infringe on his freedom of speech in the lawsuit itself.
In July 2023, Cote was barred from speaking at a council meeting about allegations of ethical misconduct by one of its members, and the ACLU sued city officials over that incident. Now, the City has asked the judge hearing that lawsuit to bar Cote from “disclosing the contents of or reproducing” any of the City’s discovery responses in the case “on any social media platform or otherwise making such responses public in any way, including but not limited at City Council meetings.”
A memo filed in federal court today by ACLU of Rhode Island cooperating attorneys Thomas W. Lyons and Rhiannon Huffman forcefully pushes back on the City’s motion, arguing that, if granted, it would:
shield every item provided in discovery, without individualized evaluation, with a shield of confidentiality, regardless of its content, source, or presence in the public domain, on the basis that Plaintiff has somehow misused discovery provided more than three months ago on matters of public concern in a law suit which challenges the censorship of his speech on First Amendment grounds.
The ACLU’s brief notes that many of the documents produced under discovery are public records, and that “[m]any of the arguments made by Defendants are not directed to disclosure of documents themselves, but rather to upset or embarrassment that Plaintiff continues to speak negatively about them.”
The Warwick City Council allocates time at its meetings for the public to address the Council on matters “directly affecting city government.” At a meeting in July 2023, Cote sought to address allegations contained in a Providence Journal article regarding the role of then-Council Member Donna Travis in a controversial acquisition of land. However, as soon as Cote mentioned the news story, Travis cut him off from speaking and had a police officer remove him from the meeting. A month later, the ACLU of RI attorneys sued the City for violating Cote’s First Amendment rights to freedom of speech and freedom of petition. The City then agreed to allow Cote to speak at an upcoming City Council meeting “to address the topics he intended to address on July 17, 2023,” and to do so at “other future City Council meetings” that have a public comment period. The lawsuit is continuing in order to obtain permanent relief and damages on Cote’s behalf for violation of his First Amendment rights, and it has led to the City’s motion and the ACLU’s response today.
ACLU attorney Lyons said today: “Citizens should be free to comment on their interactions with government, including what happens in a lawsuit. If not, the government can make the proceedings secret and protected from public scrutiny.”
ACLU of Rhode Island executive director Steven Brown added: “The City has objected that Mr. Cote is using documents disclosed in discovery to ‘promote his narrative about the instant case in the public arena.’ That is precisely what the First Amendment allows him to do. It is deeply ironic that, after stifling his speech at a council meeting, the City is now seeking to prevent him from speaking out about his lawsuit challenging that violation of his First Amendment rights.”
A copy of the City’s motion for a protective order, the response from the ACLU’s cooperating attorneys filed today, and background information on the lawsuit can be found here.
