 A city park in Mulvane, Kan., where town officials have silenced critics of a casino project |
A federal judge has ruled that town officials holding a public meeting to talk about a massive casino project proposed for their area cannot ban statements about the “social ills” of gambling if they allow discussion of the industry’s benefits.
The ruling from U.S. District Judge Monte Belot in Wichita, Kan., concluded that officials in the city of Mulvane violated the First Amendment to the U.S. Constitution when the mayor ordered police to escort a known gambling critic out of a public meeting.
Mayor Jim Ford had announced before the meeting that no discussion of “social ills” would be allowed, but then he allowed discussion of social benefits.
“Mulvane’s restriction would have passed Constitutional muster (i.e. would have
been both viewpoint and content neutral) if it had simply precluded
the ‘social benefits’ as well as the ‘social ills’ of gambling and/or
if Mayor Ford had enforced the restriction as announced. In other
words, at least in theory, a restriction could have been imposed and
enforced which could have passed strict scrutiny, i.e. narrowly-enough
tailored to serve the compelling government interest of good order at
the meeting,” the judge ruled. “Or Mayor Ford could have told Farnsworth to save her
comments for the public session.
“But that is not what happened. Mayor Ford allowed both
questions and answers that violated his own restriction. Harrah’s
presenter discussed matters that concerned gambling and ‘social ills’
such as irresponsible gambling,” the judge said.
“Respectfully exercising your First Amendment rights should not result in expulsion from a public meeting, yet that’s exactly what happened when Jacque [Farnsworth] tried to express her concerns,” said Joel Oster, senior legal counsel for the Alliance Defense Fund, which worked on the case.
“The court rightly determined that preventing her from speaking and forcibly removing her from the room was an unconstitutional violation of her free speech rights,” he said.
Farnsworth, who had not asked for monetary damages, was awarded nominal damages plus attorneys’ fees and costs from the city.
It was on Jan. 16 and March 13, 2008, when the Mulvane City Council heard presentations by Harrah’s and MGM-Foxwoods Development Co. on the construction of a casino in the city.
When Farnsworth tried to address the council during the time for public questions, she was told by the mayor she was out of order, even though statements in favor of the proposed casino had been allowed. The mayor then ordered her to be escorted out of the meeting by police.
“Clearly, questions and/or comments from Farnsworth regarding the construction of a casino in her community are protected speech under the Constitution,” the judge wrote.
The exchange included:
Mrs. Farnsworth: My concern is also for the amount of the moneys that will be taken out of local economy. Money that would normally be used for clothing and entertainment on the local business.
Mayor: I don’t believe you’re asking a question addressing the presentation by Harrah’s. I believe your – that’s more on social ills. I said they would not be addressed.
Mrs. Farnsworth: No, no, no. I’m asking my question. I just want them to understand my background. OK? My question is, that I want to know, if you are going to be taking this money, and making this money from the people here, then where is the money going to come from for those people who are normally spending it on the local economy through clothing and –
Mayor: Your question is out of order.
Mrs. Farnsworth: Can you please explain why the question is out of order?
Mayor: Out of order.
Mrs. Farnsworth: Can you tell me why it’s out of order?
Mayor: I specifically said that we would address questions … concerning the casino or the resort development and its facilities and how the city would handle it or address that. You are addressing a social issue over which they have no control. So your question is out of order.
Mrs. Farnsworth: No, my question is regarding the casino itself and it having an impact on our economy.
Mayor: Your question is out of order.
Mrs. Farnsworth: No, you know what, everybody else –
Mayor: Excuse me, would you please escort the lady out?
ADF attorneys also had asked Racing and Gaming Commission in Kansas to delay making a decision on a new casino in Mulvane because of the dispute.
In a letter delivered to Stephen Martino of the state commission in Topeka, the ADF said, “Because the city has pursued this matter by silencing the opposition, even to the point of removing a dissenter by armed guard simply for presenting an opposing viewpoint, the commission should not allow a casino in the Mulvane area until further hearings can be held as to the true desire of the community.”
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