Small Town News

ACLU: Sussex rules violates free speech

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Public comment policy may be unconstitutional

A policy of Sussex County Council violates freedom of speech rights, the American Civil Liberties Union of Delaware has found.

Richard Morse, legal director for Delaware's ACLU, wrote a letter to Sussex County Administrator David Baker May 9, urging council to rescind the policy. In order to comment during a Sussex County Council meeting, members of the public must sign a statement that they agree to follow a list of rules while addressing council. The list's section B states speakers cannot use the public comment period to criticize members of council, county employees or subcontractors for matters that are personal in nature. In his letter, Morse argues, "Council may not prohibit only criticism. That would be impermissible viewpoint discrimination."

In a press release, ACLU Executive Director Kathleen MacRae said, "The reason we have free speech rights is so that citizens can discuss governmental affairs and when necessary, criticize the government and their representatives. The Sussex County Council may put limits on the general topics to be discussed during a council meeting, but they cannot stop someone from speaking their mind within that framework."

Chip Guy, spokesman for county council, said the county did not receive Morse's complaint until May 12. "Our legal staff will be reviewing it, and after consulting with them, we will respond appropriately and accordingly at a later date," Guy said.

Morse said because the letter was sent to the wrong fax number, the county did not receive the letter until three days after it was released to the press.

Morse said a resident of Sussex County alerted him to the rule about one month ago.

Greenwood resident Daniel Kramer said the rules were created because some members of council took offense when Kramer referred to them as turkeys.

"They don't even earn the name turkeys now. They earn egg-suckers," Kramer said.

Since the rules were enforced in January 2009, Kramer said, he has not participated in the public comment portion of council meetings. "I'm not going to sign my rights away," he said.

Kramer said he supports Morse's complaint, but he did not contact the ACLU or participate in the writing of the letter.

Sussex County Council Rule 17.6, section B states, in full:

"Each speaker shall confine their comments to matters that are clearly within the jurisdic-* tion of Council and which are matters of legitimate county business and shall not use the Additional Business portion of the agenda as a means to criticize one or more members of Council or county employees or subcontractors for matters that relate to personnel decisions or that are personal in nature.





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