An excerpt from yesterday's long decision by Chief Judge Stephanie Rose (S.D. Iowa) in Petersen v. City of Newton:
The constitutional violations alleged in this case stem from the enforcement of Newton's Derogatory Comments Rule …, which prohibited speakers from making "derogatory statements or comments about any individual" during the public comment portion of city council meetings….
[In August 2022,] Newton Police Officer Nathan Winters arrested Tayvin Galanakis during a traffic stop—an incident that drew Petersen's attention to the police department. Petersen investigated and discovered that Officer Winters was subject to a civil no-contact order related to domestic abuse allegations. When Petersen submitted public records requests seeking information about how the department had handled the matter, the City denied them….
Petersen attended the October 3, 2022 city council meeting to speak during the public comment period. He began reading prepared remarks characterizing the police department as "violent" and "pro domestic abuse." Mayor Hansen interrupted, declared Petersen in violation of the Rule, and directed Chief Burdess to remove him from the meeting. When Petersen insisted on finishing his remarks, Chief Burdess arrested him for disorderly conduct. This arrest was unprecedented—no one had ever been arrested at a Newton city council meeting before. Yet, at this same meeting, other speakers made critical comments about city officials that Mayor Hansen permitted under the Rule.
