CANTON, Ohio — A Canton resident has filed a lawsuit against the city of Canton and council members, challenging a ban on public speaking at council meetings.
The lawsuit, filed by 30-year-old Daniel Gates in Stark County Common Pleas Court, claims the recent restrictions of Public Speaks violate state and constitutional laws.
"It's just part of our democracy and the republic— that we are a part of— for us to be able to come and speak whether they like it or not," Gates said. "I hope to get Public Speaks back up and running. That's the whole goal of it."
Gates filed a pro se civil lawsuit, meaning he doesn't have attorney representation.
He named Canton Mayor William Sherer II, Law Director Jason Reese and the Canton council members as defendants.
Gates argues the decision made in November to eliminate the public comment section of meetings violates free speech covered by the First Amendment and equal protection and due process under the 14th Amendment.
"Mainly, this is for the public. This was not for me. I didn't ask for any monetary value to gain. I'm actually losing money going into this."
What led to the public comment ban? Canton leaders have turned down requests from News 5 to explain.
However, The Canton Repository has reported that council members have expressed safety concerns and hostile forums, and cited "online death threats, blackmailing and continuously disruptive behavior."
Gates said at recent meetings, citizens have been allowed to speak if a council member requests it and the majority of the council agrees. However, Gates feels that's not the accessibility the public expects.
"How can I grieve, file a grievance with them and have all of the department heads in one spot?" Gates said.
According to the Ohio Open Meetings Law, it "does not require that a public body give the public an opportunity to comment at its meetings, but if public participation is permitted, it is subject to the protections of the First and 14th Amendment."
Gates said he'll keep fighting in his effort to bring back Public Speaks as it was before the ban.
"I have to wait for their response from the city and the law department," he said.
Kevin L'Hommediua, chief counsel for the Canton Law Department, said the city would not comment on pending litigation and that council members would also be advised not to comment.
Through a spokesman, Mayor Sherer also declined to comment on the lawsuit or the circumstances that led up to the public speaking ban.
