O’Reilly Rancilio attorneys Marc Kaszubski and Nathan Petrusak successfully defended the City of Sterling Heights in a federal court challenge involving the Open Meetings Act. The case (Youkhanna, et al. v. City of Sterling Heights, et al. No. 18-1874 6th Cir.) affirms a lower court determination that the mayor’s actions to remove disruptive council meeting attendees complied with constitutional and Open Meetings Act requirements.
The court’s opinion and order settles a split between the Sixth and Second circuits with respect to the Fourth Amendment and its application to the removal of an individual from a public meeting by a police officer after that person is called out of order. The decision further clarifies the proper constitutional analysis for a limited public forum under the First Amendment, and has a broad impact on all public meetings conducted by a municipality. To read more, click here.