Post updated at 4:17 p.m. Thursday, March 6:
A federal judge on Thursday ruled in favor of the Lawrence City Commission in a lawsuit that had alleged commissioners violated a frequent public commenter’s freedom of speech.
Justin Spiehs, 43, formerly of Lawrence, has been a familiar sight protesting in public places and regularly speaking during local public meetings since mask mandates were put into place during the height of the COVID-19 pandemic.
In a case filed in November 2023 in federal court, Stilwell attorney Linus Baker detailed incidents of Spiehs being interrupted and asked to leave city meetings by commissioners. The complaint indicated that Spiehs believed he was being targeted for his views.
Commissioners have said that comments given during their general public comment period “should be limited to issues and items germane to the business of the governing body.” The city also has a decorum standard, which requires that speakers avoid “fighting words, slander, speech invasive of the privacy of individuals, unreasonably loud or repetitious speeches, and speeches so disruptive of the proceedings that the business of the City is substantially interrupted.”
U.S. District Judge Julie A. Robinson on Thursday filed an order dismissing Spiehs’ lawsuit.
Robinson wrote in an order that the commissioners had created a “limited public forum,” as opposed to a “designated public forum” — like a public street or park. Restrictions to speech in a limited public forum “must only be reasonable in light of the purpose served by the forum and be viewpoint-neutral.”
In this case, Robinson wrote, the commission “did not adopt the standards to target views taken by Plaintiff or other speakers. The City Commission adopted the standards to ‘ensur[e] that public meetings are run efficiently and effectively.'”
The city’s germane and decorum standards are reasonable and viewpoint-neutral, Robinson wrote.
“The City is pleased with the outcome of the lawsuit and looks forward to continuing to hold effective and efficient meetings, ensuring that the important work of the City is done,” the City of Lawrence said in a statement.
Baker was not immediately available for comment Thursday afternoon.
According to city documents, the city has paid almost $77,500 to outside legal counsel in connection with Spiehs’ lawsuits through February 2025.
Here’s the full order:
20250306-Spiehs-v-City-JudgmentThe lawsuit initially included allegations against some staff members of the Lawrence Public Library. The case was severed, and a separate lawsuit is ongoing.
Spiehs has filed several federal lawsuits against municipalities that are ongoing, including one against the Lawrence school board and one against the Douglas County Sheriff’s Office and Commission.
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Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark@lawrencekstimes.com. Read more of her work for the Times here. Check out her staff bio here.
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