Group to sue county over free speech
Published 12:00 am Friday, July 11, 2003
The Minnesota Civil Liberties Union will file a free-speech lawsuit against the Freeborn County Board of Commissioners, the group planned to announce today.
The lawsuit regards Roger Bok’s ban from speaking at county board meetings in February 2003 after he was accused of insulting board members. The ban was based on Rule 19, which allows the chairman of the board to remove a speaker accused of making personal attacks or otherwise causing a disturbance.
The ban on Bok was lifted in May by a 4-1 vote by the board. Chairman Mark Behrends voted against the motion.
&uot;I feel we can control the meeting fine without banning someone,&uot; said Commissioner Dan Belshan, who opposes the rule. &uot;As long as someone is bringing valid ideas to the board, there’s no need to ban someone.&uot;
Teresa Nelson, legal counsel for the MCLU, said in April that &uot;(The county board) can have reasonable time, place and manner restrictions on the speaker. But they can’t be based on the content.&uot; She also said that having the sanction last indefinitely is &uot;prior restriction&uot; on the speech and &uot;overly punitive.&uot;
Rule 19 was adopted in November 1993 by the board. Bok is the only person to whom a ban has been applied.
Other commissioners could not be reached for comment on the lawsuit.