Updated: Warwick City Council violated the First Amendment of a person during public comment

The ACLU of Rhode Island has brought a lawsuit...

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ACLU Update, September 8, 2023:

Court enters Consent Order reversing censorship of Warwick public comment speaker

A consent order has been entered in the federal lawsuit filed two weeks ago by ACLU of Rhode Island cooperating attorneys against the Warwick City Council for stifling the free speech rights of local resident Robert Cote, who was barred last month from speaking at a Council meeting about allegations of ethical misconduct by one of its members. The order, entered with the agreement of the parties by United States District Judge William Smith, obviates the need for a hearing on a formal temporary restraining order against the City Council, which the ACLU had been seeking.

Under the filed consent order, the City Council has agreed to allow Cote to “speak for up to five minutes at the September 18, 2023, Warwick City Council meeting to address the topics he intended to address on July 17, 2023,” and “on other matters directly affecting City government,” and to do so at “other future City Council meetings” that have a public comment period.

The lawsuit, filed by ACLU of Rhode Island cooperating attorneys Thomas Lyons and Rhiannon Huffman, argues that the censorship of Robert Cote’s comments at the July 17 Council meeting violated his First Amendment rights to freedom of speech and freedom of petition.

The Warwick City Council allocates time at its meetings for the public to address the Council on matters “directly affecting city government.” At the July meeting, Cote sought to address allegations contained in a Providence Journal article regarding the role of Council Member Donna Travis in a controversial acquisition of land from the Oakland Beach Real Estate Owners Association. However, as soon as Cote mentioned the news story, Travis cut him off from speaking about it – claiming it did not involve city government – and had a police officer remove him from the meeting. A few days afterward, Travis said she also relied upon an unwritten City Council policy against “personal attacks” during the public comment period to ban Cote from speaking, which the ACLU lawsuit also challenges. Cote had also wanted to comment on two additional city-related issues at the meeting, but never got the chance to do so as a result of Travis’s actions.

ACLU attorney Lyons said today: “We are gratified that we have been able to protect Mr. Cote’s First Amendment rights to speak at City Council meetings.” 

The ACLU will continue to pursue the lawsuit in order to obtain permanent relief on Cote’s behalf.

A copy of the order and background information on the lawsuit can be found here.

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Original piece:

Warwick City Council violated the First Amendment of a person during public comment

The video is startling. As Robert Cote stepped to the podium to testify before the Warwick City Council, Council President Donna Travis prevented him from speaking and had a police officer escort Cote out of the council chamber. As this happened, the rest of the city council members were silent, raising no objections.

Robert Cote: Good evening. Just a little bit about some local politics and I have some official city documents to share. First I'd like to congratulate Councilwoman Travis, another front page of the Providence Journal.

Donna Travis: You'll be talking about city government or you'll be leaving.

Robert Cote: This is about city government.

Donna Travis: Stick to the topic of city government or else you'll be escorted out.

Robert Cote: This is about city government. It's actually mentioned about the Warwick City Council…

Donna Travis: Did you hear what I just said?

Robert Cote: Okay.

Donna Travis: I don't care any one of the council people you do not take attack to. Stick to a city government issue and then we'll go forward.

Robert Cote: Okay. This is about city government issues. We have an elected official…

Donna Travis: Okay! Somebody want to take him out? He’s all done.

Robert Cote: You know this is going to bring the ACLU. This is about…

Donna Travis: You get away with it every month. You're not going to do it with me. You are leaving now. I'm sure he can read. Go. Go. Goodbye!

The ACLU of Rhode Island announced a lawsuit and issued the following statement:

ACLU of RI cooperating attorneys have today filed a federal lawsuit against the Warwick City Council for stifling the free speech rights of a local resident who was barred last month from speaking at a Council meeting about allegations of ethical misconduct aimed at one of its members. The lawsuit, filed by ACLU of RI cooperating attorneys Thomas W. Lyons and Rhiannon Huffman, argues that the censorship of Robert Cote’s comments was a blatant violation of his First Amendment rights to freedom of speech and freedom of petition.

The Warwick City Council allocates time at its meetings for the public to address the Council on matters “directly affecting city government.” At the July 17th meeting, Cote sought to address allegations contained in a Providence Journal article regarding the role of Council Member Donna Travis in a controversial acquisition of land from the Oakland Beach Real Estate Owners Association. The lawsuit notes that Cote “wanted to raise the issue of the transaction as it related to Travis’s ethics as a member of the City Council.”

However, as soon as Cote mentioned the news story, Travis cut him off from speaking about it – claiming it did not involve city government – and had a police officer remove him from the meeting. A few days afterwards, Travis said she also relied upon an unwritten City Council policy against “personal attacks” during the public comment period to ban Cote from speaking. Cote had also wanted to comment on two additional city-related issues at the meeting, but never got the chance to do so as a result of Travis’s actions.

The lawsuit argues that Travis’s denial of Cote’s right to speak at the meeting, and the rest of the Council’s acquiescence in that censorship, violated Cote’s First Amendment rights. The suit seeks a court order to allow him to speak at an upcoming Council meeting on the issues he intended to raise at the July meeting, “as well as any future comments he wishes to make respecting matters affecting Warwick government”; a declaration striking down the Council’s “unwritten practice of preventing members of the public from making comments critical of individual public officials” during the public comment segment of Council meetings; and an award of monetary damages and attorneys’ fees.

“In my years of advocacy, my local government has become increasingly hostile to anyone who challenges the status quo,” said Cote. “I am grateful to the ACLU of Rhode Island for defending everyone’s constitutional rights and for stepping in to hold Warwick’s government accountable for its actions against me. I am hopeful that Warwick elected and full-time employees come away from this situation with an understanding that, although they temporarily hold power, they should listen to and respect every one of their constituents – even the ones who criticize.”

“Once government officials create a forum for public content, they cannot restrict the public’s comments because they do not agree with the comments or the comments offend them,” said ACLU attorney Lyons.

A copy of the complaint and a video of the confrontation can be found here. Earlier this month, the ACLU and the New England First Amendment Coalition sent the City Council a letter denouncing the censorship of Cote.