For now, a College Park ordinance will continue to block Mayor Bianca Motley Broom’s ability to discuss city issues in council meetings before they are voted on.
Motley Broom filed a federal lawsuit against the city in March, trying to overturn the ordinance. On Friday, U.S. District Court Judge Michael Brown denied a motion filed through Motley Broom’s attorney, Chris Balch, that asked the court to stop the ordinance from being in effect while the lawsuit is in progress.
The suit alleges council members violated the mayor’s First Amendment right to free speech in adopting an ordinance that limits her ability to participate in debate on agenda items. Separate from the lawsuit, the state Attorney General’s Office is looking into whether City Council complied with the Open Meetings Act when approving the 14-point ordinance titled “Administrative Guidelines” on Jan. 2.
The judge ruled that the ordinance allows the mayor to express her opinions before and after council members start deliberating on agenda items.
“Indeed, as the city pointed out at the hearing, nothing in the council’s rules prevents the mayor from speaking — even about agenda items over which the council will deliberate — during the public comment period,” Brown added. “Accordingly, the ordinance is not facially unconstitutional.”
Motley Broom was first elected mayor in 2019 and reelected last year. During her first term, she participated in council debate on city matters. According to the city charter, the mayor only votes on issues in the case of a tie.
In his ruling Friday, Brown also denied the mayor’s motion to disqualify city attorney Winston Denmark from representing the city in the case, due to an alleged conflict of interest. The judge found that Denmark is not acting as the city’s counsel in the lawsuit. College Park is represented by outside attorney Josh Belinfante, with the Robbins law firm.
The state Attorney General’s Office is looking into how the ordinance was approved in January and possible violation of the Open Meetings Act following a complaint from the mayor.
A letter to Denmark from the AG’s office states that Motley Broom believes there was a failure to give the public prior notice that the new 14-part ordinance would be on the Jan. 2 regular meeting agenda.
While councilmembers approved the ordinance Jan 2, Denmark told the AG’s office in an April 19 letter that “no action was taken” regarding the measure that day and the ordinance was approved at the following meeting. Denmark’s office did not respond when asked about the April 19 letter.
About the Author
