Sixth Circuit Holds That Limiting Discussion at Public Meetings to Relevant Issues and Removing Disruptive Audience Does Not Violate Constitution

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.