Ridgewood NJ, as previously reported on this blog the new Council has lead to more positive environment at council meetings. A reader said it best ,”it’s amazing to watch the new council meetings. Respect for all those who ask questions. Even questions that are asked are answered or will be researched and followed up on. Keep up the good work.”
In an article in the Hoboken/Weehawken, News by John Heinis July 25, 2016 , Hennis reports on why a Federal Judge denied Hoboken’s motion to dismiss freedom of speech violation suit.
Its seems that speech can not restricted during public comment at a council meeting . The previous mayor Paul Aronsohn and his administration tried many times either through rules, ordinances ,intimidation or silly anti free speech committees like the “Civility Committee”.
“A federal court judge in Newark denied the dismissal of a freedom of speech violation lawsuit filed by a political operative against the City of Hoboken after he was ejected from the October 21 city council meeting.
On July 21, Judge Kevin McNulty denied two motions filed by the city to dismiss the complaint, writing that “the same issues of factual interpretation bar dismissal on grounds of qualified immunity.”
In the 11-page ruling, McNulty earlier noted that “qualified immunity issues (such as whether a violation was ‘objectively apparent’ under the circumstances at the time) may often require the kind of factual context that is only available on summary judgement or a trial.”
McNulty also states that although it is not proven that Liebler’s First Amendment rights were violated, “if it happened as plaintiff claims, then a First Amendment violation would have been apparent to a reasonable official in these Council members’ positions.”