TO:                  Business Leader

FROM:            John J. Ferriter, Esquire

DATE:             April 24, 2006

RE:                   No Qualified Immunity for Wrongfully Ejecting a Fellow

                       Public Official from a Public Meeting                

______________________________________________________________________________

The budget is often a hot topic in any organization and, thus, frequently leads to contentious discussion.  Unfortunately, sometimes such discussions can get quite rowdy, even among an organization?s leaders.  In extreme cases, a participant may be removed from the discussion and/or vote altogether.  Such a situation arose in Monteiro v. City of Elizabeth, New Jersey, 2006 WL 288122 (3d Cir. 2006), where the ejected councilman sued the then-Council President claiming viewpoint discrimination in violation of his First Amendment Rights.

In Monteiro, a member of the Elizabeth, New Jersey, City Council brought a 42 U.S.C. § 1983 suit against the then-President of the Council alleging that the defendant violated his First Amendment rights by ejecting him from a public meeting of the Council and having him arrested on a disorderly persons charge on the basis of his viewpoint.

Affirming the plaintiff?s jury verdict, the Third Circuit noted that when a public official excludes an elected representative or a citizen from a public meeting, she must conform her conduct to the requirements of the First Amendment.  It is also established that content-based restrictions on speech in a public forum are subject to strict scrutiny, while viewpoint-based restrictions violate the First Amendment regardless of whether they also serve some valid time, place, manner interest.

Therefore, the court affirmed the plaintiff?s jury verdict against the former Council President.

            If you have any questions, please feel free to call Attorney Jack Ferriter at 413-535-4200 or email at jferriter@ferriter.com.