Injunction denied to Mats Mats man over Jefferson County public comment tiff

PORT ANGELES — In a ruling that came a few days after the Jefferson County commissioners temporarily removed a public comment rule being challenged in a lawsuit by Mike Belenski, a Clallam County Superior Court judge on Friday denied the Mats Mats Bay resident a preliminary injunction that would prevent the now former rule from being used until his free speech lawsuit is settled in court.

The motion for the injunction, filed Dec. 3, was intended to keep the commission from enforcing a rule that gave the chairman authority to prohibit a speaker from making comments determined to be too negative about an individual, derogatory or threatening until the case, which alleges that such guidelines violate the First Amendment, is settled.

Judge Brooke Taylor ruled that Belenski could not prove that he would be caused irreparable harm without the injunction.

He did not say whether the county commissioners’ decision Tuesday to remove the contested public comment guideline until after the case goes through trial played a part in the ruling, said Jefferson County Chief Deputy Civil Prosecuting Attorney David Alvarez who argued against the injunction for the county.

“I was pleased with the decision,” Alvarez said. “I thought we had a good chance to have the preliminary injunction not be granted.”

Belenski, a 53-year-old welding engineer, said he respects Taylor’s decision.

“I understand the reasoning behind it, but I’m disappointed,” he said.

Belenski said he intends to amend his case to include more “declarations of support” from people who also feel that the commission has violated their First Amendment rights before seeking a trial date.

“I’m not appealing,” he said. “I’m going to take it to trial.”

Trial not scheduled

Belenski said he doesn’t expect a trial to be scheduled until January.

While his case takes issue with the entire rule public comment rule that has been temporarily removed, Belenski said his main concern is that the rule, as enforced, kept speakers from criticizing anyone specifically.

Commissioners Chairman Dennis Sullivan has said that the rule did not prevent people from criticizing individuals, if done responsibly without personal attacks.

He said it is intended to have speakers, as the rule said, focus on issues rather than individuals.

Belenski, who said Sullivan has interrupted him while he was giving public comment, said he thinks it inhibits the ability of citizens to criticize county government.

He said he was interrupted only for referring to a person by name.

Belenski said he has not made comments he would consider to be derogatory or threatening, adding:

“I’m not raising my voice; I’m not standing on the table.

“All I’ve ever done is just complain about government.”

Belenski said he filed the case in Clallam County Superior Court to ensure there would be no conflicts of interest that could affect the trial.

Alvarez said that each county in the state designates two other counties where its residents can file cases.

For Jefferson County, they are Kitsap and Clallam counties.

Belenski recently won another free speech case against Jefferson County regarding its ordinance regulating the size of political signs.

The county agreed to remove that ordinance Nov. 30 on the grounds that it was unconstitutional. It also agreed to pay Belenski $350 for attorney costs and $1 in punitive damages.

________

Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.

More in News

The U.S. Coast Guard cutter Anacapa is being decommissioned after 34 years of service, the last of which had the ship homeported in Port Angeles. A ceremony Friday bid farewell to the vessel, which will make its final journey to the Coast Guard Yard in Baltimore, Maryland in the coming weeks. (Peter Segall / Peninsula Daily News)
Port Angeles-based cutter Anacapa decommissioned

110-foot vessel is one of few remaining Island-class cutters

PASD board approves pact with paraeducators

Two-year agreement hikes salary steps, wages

Acting city clerk Heather Robley, right, swears in new city council member Nicole Hartman on Monday after she was appointed to fill former mayor Tom Ferrell’s seat. Hartman will serve through certification of the 2025 general election. (Matthew Nash/Olympic Peninsula News Group)
Hartman named to Sequim council

PUD staffer to serve in former mayor’s seat

Poulsbo man dies in wreck south of Hood Canal Bridge

A Poulsbo man died in a vehicle collision in… Continue reading

EYE ON THE PENINSULA: Clallam County to discuss Elwha River watershed

Meetings across Clallam and Jefferson counties

Department of Ecology declares statewide drought emergency

Clallam County PUD #1 is requesting that water utility… Continue reading

Clallam County Fire District Captain Marty Martinez sprays water on a hot spot of a fire that destroyed a house and adjoining RV in the 700 block of East Kemp Street near Port Angeles on Friday morning. (Keith Thorpe/Peninsula Daily News)
One found dead in fire east of Port Angeles

House, garage destroyed in Kemp Street blaze

Government officials applaud the ribbon cutting at the Point Hudson breakwater in Port Townsend on Wednesday afternoon. (Diane Urbani de la Paz/For Peninsula Daily News)
Point Hudson breakwater opens centennial celebration

$12 million port project finishes on time, under budget

NOHN helps to meet healthcare needs, CEO says

Network established in 2015 with federally qualified center

People, tools needed for build

Dream Playground on track for May 15-19

Skilled workers sought for Dream Playground shifts

The Dream Playground is seeking skilled workers for the following shifts: •… Continue reading

Overnight bridge closures scheduled

The state Department of Transportation has announced a series of… Continue reading