PORT TOWNSEND — Mats Mats Bay resident Mike Belenski, who filed suit last year against Jefferson County commissioners claiming they were infringing on his right to free speech at their meetings, said he has not decided if he will appeal a Clallam County Superior Court judge’s order in favor of the county.
“I’m looking at cases right now,” said Belenski, a longtime county watchdog and open-government advocate.
“That’s all I’d like to say. I don’t know if I am going to do it one way or the other.”
Judge S. Brooke Taylor, in an order issued Friday, ruled against Belenski stating:
“The court finds that there are no genuine issues of material fact, and the county is entitled to judgment as a matter of law; and the plaintiff’s motion for summary judgment is for the same reason denied.”
Belenski took issue with the entire public comment rule the commissioners set forth in late 2009.
Shortly before he filed the suit Belenski confronted the county commissioners, saying it was “unconstitutional” for them to limit his criticism of county employees and commissioners because it was regulating the content of a person’s speech.
Belenski said his main concern is that the rule, as enforced, kept speakers from criticizing anyone specifically.
Commissioners Chairman David Sullivan has said the rule did not prevent people from criticizing individuals, if done responsibly without personal attacks.
Sullivan said as chair he was responsible for the decorum of meetings and public comment periods and had the authority to ask that comments are not personal attacks.
Sullivan said it is intended to have speakers, as the rule, focus on issues rather than individuals.
Belenski, a 53-year-old welding engineer 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.
David Alvarez, county chief civil deputy prosecuting attorney, said he was pleased with Taylor’s decision, saying in the judge’s order against the “free speech” lawsuit Belenski filed in December 2009 denied Belenski another chance to file a cross-motion against the county.
“Judge S. Brooke Taylor of Clallam County Superior Court relied upon case law from the Ninth Circuit (our circuit) and the Fourth Circuit U.S. Court of Appeals which recognizes and upholds ‘time, place and manner’ regulations that regulate speech in the context of the weekly meeting of the governing body for a local government such as Jefferson County,” Alvarez said in an e-mail.
“Judge Taylor recognized that the public comment portion of the weekly [county commissioners] meeting, which is entirely optional on the part of the [county commissioners], is ‘a limited public forum’ where time place and manner regulations can be imposed and is quite different from a park, street or plaza where any regulation of free speech has to satisfy much more stringent constitutional standards.
“The weekly meeting is a ‘limited public forum’ because the governing body holds such meetings to conduct and transact business and can regulate for and require orderly meetings so that the governing body can efficiently and effectively do its business, i.e., govern the county.”
Belenski was given 30 days to file his appeal at the state level, or until Aug. 2.
Belenski last year won another free speech case against Jefferson County regarding its ordinance regulating the size of political signs.
The county agreed to remove that ordinance on the grounds that it was unconstitutional.
It also agreed to pay Belenski $350 for attorney costs and $1 in punitive damages.
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Port Townsend-Jefferson County Editor Jeff Chew can be reached at 360-385-2335 or at jeff.chew@peninsuladailynews.com.