Canton man files lawsuit over city council’s ban on public speaking
A Canton resident has filed a lawsuit against the city of Canton and its council members, challenging the recent ban on public speaking during council meetings.
The lawsuit was filed by 30-year-old Daniel Gates in Stark County Common Pleas Court. Gates claims that the new restrictions on public comments violate both state and constitutional laws.
“It’s just part of our democracy and the republic that we are a part of—for us to be able to come and speak, whether they like it or not,” Gates said. “I hope to get Public Speaks back up and running. That’s the whole goal of it.”
Gates filed the civil lawsuit pro se, representing himself without an attorney.
Named as defendants in the suit are Canton Mayor William Sherer II, Law Director Jason Reese, and the Canton council members.
Gates argues that the November decision to eliminate the public comment portion of council meetings infringes on free speech protected by the First Amendment, as well as equal protection and due process rights under the 14th Amendment.
“Mainly, this is for the public. This was not for me. I didn’t ask for any monetary value. I’m actually losing money going into this,” Gates said.
The reasons behind the public comment ban remain unclear. Canton officials declined requests from News 5 to explain the decision. However, The Canton Repository reported that council members cited safety concerns, hostile meetings, and issues including “online death threats, blackmailing, and continuously disruptive behavior.”
Gates said that recently, citizens have been allowed to speak only if a council member requests it and a majority of the council approves. He argues that this approach falls short of the accessibility the public expects.
“How can I grieve, file a grievance with them, and have all of the department heads in one spot?” Gates said.
Ohio’s Open Meetings Law does not require public comment at meetings, but it notes that if public participation is allowed, it must comply with First and 14th Amendment protections.
Gates said he plans to continue pushing to restore public speaking as it existed prior to the ban. “I have to wait for their response from the city and the law department,” he said.
Kevin L’Hommediua, chief counsel for the Canton Law Department, said the city would not comment on pending litigation. Council members have also been advised not to comment.
Through a spokesperson, Mayor Sherer declined to comment on the lawsuit or on the circumstances that led to the public speaking ban.
.
About Post Author
