City threatens to sue residents over comments that cause 'harm' amid contentious mayoral race in Michigan

The small Michigan city of Bangor has authorized its city attorney to file charges against any resident who makes comments that cause the city "harm," prompting cries from local residents and freedom-loving Americans across the country.

On January 6, the Bangor City Council voted 7-0 to approve a motion that will allow the city attorney, Scott Graham, "to file charges with the court against all parties involved in statements that have caused harm to the city." Bangor is a city of barely 2,000 residents located about 15 miles from the shores of Lake Michigan in the southwestern corner of the state.

'It’s our job as the council and my job as the mayor to the best of my ability to keep our city workers safe and to make them feel comfortable in the job they’re doing for us.'

The motion came after some area residents began making public statements that officials characterized as "false" and "defamatory." Mayor Lynne Farmer claimed such individuals, whom she did not name, "are sharing things that they know are absolutely false," MLive reported this week.

"This is America,” Farmer said. “You’re free to have your own opinion. But in America, you are not free, under the First Amendment, to keep repeating something that’s false that you knowingly know is."

Mayor Farmer claimed that the ordinance was necessary to protect city officials. "These may seem like extreme measures, but it’s our job as the council and my job as the mayor to the best of my ability to keep our city workers safe and to make them feel comfortable in the job they’re doing for us as citizens," she said.

Farmer even claimed that tensions in Bangor have become so "dangerous" that the city has had to pay three police officers to provide security at recent council meetings. "They should be out there patrolling the streets rather than standing there watching to make sure one of us doesn’t get shot," she said.

She expressed hope that the city will "rescind" the ordinance "once this craziness stops."

At at a council meeting on January 21, attorney Graham echoed her sentiments about the recent spike in local slander.

"So what happens is ... people make knowingly false statements," attorney Graham said . "... People look at those things, and some people will believe the statements. That shows the measure of damages for those who have been defamed because their reputations are harmed."

Graham insisted that the measure was in no way meant to stifle protected speech or political dissent.

In a letter dated January 23, city manager Justin Weber reiterated claims that the new city ordinance applies only to statements that a "speaker knows to be false" and that "harm the reputation of another."

"The publication of false statements regarding the operation of the City has plagued the City of Bangor. These false statements have greatly harmed the City, its elected officials, and its employees," Weber wrote.

In the letter, he also discussed city officials' commitment to free speech "to the maximum extent allowed by law." While describing free speech as "a fundamental right" and "crucial to our society and our government," Weber noted that the city draws the line at speech that "knowingly" makes "false" and "defamatory" assertions.

A.C. Fisher-Aldag, who manages the Bangor Apple Press Facebook page, contacted city officials following the vote, warning that "harm" could be interpreted in a number of different ways.

Fisher-Aldag further suggested that the motion is just the latest attempt by Bangor officials to "trample citizens’ civil rights, including the right to free speech and freedom of the press."

Even the Foundation for Individual Rights and Expression stepped in, slamming the city for engaging in censorship. "Such action would violate the First Amendment, which completely bars government entities like the city of Bangor from suing for defamation," the organization said in a statement.

"If Bangor officials believe a constituent has made a false statement about the city, they can publicly condemn the statement, express disagreement or say why they believe it inaccurate," FIRE continued.

"What they may not do is sue or otherwise punish the speaker."

'Where’s the accountability?'

Steve Honeycutt, a 39-year-old Bangor resident, has another concern. He takes issue with the fact that the Bangor city manager, Justin Weber, also doubles as the city police chief.

"My biggest concern would be he is subordinate to himself," Honeycutt told MLive. "Where’s the accountability? If a citizen has a complaint with the police department or the police chief, the complaint is just going to himself?"

Farmer claimed Weber reports directly to her.

Also worried that Weber may be collecting two salaries from the city, Honeycutt filed a Freedom of Information Act request regarding Weber's city paychecks. The city denied Honeycutt's request, citing privacy concerns.

When MLive asked the city about Weber's pay, Farmer told the outlet that Weber's pay was a matter of public record and to check the city Facebook page. Unable to locate information about Weber's pay on the Facebook page, the outlet asked for an estimate of his pay. When MLive did not receive a response to that request, the outlet filed its own FOIA request on the matter.

"He does not collect double salary," Farmer insisted.

Mayor Farmer alleged that too many residents lately have filed frivolous FOIA requests that have become "burdensome" on city staff. Honeycutt claimed he'd been called a "troublemaker."

Frustrated with what he views as a lack of transparency, Honeycutt decided to make a run for mayor against Farmer, who is seeking another term. "I want to get in there," Honeycutt said. "My mission is accountability, transparency, and I want to give Bangor back to its people."

"I’m bringing to light what they’re trying to hide."

The election is scheduled for May 6.

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