North Greenacres Neighborhood

Constitutional Free Speech at Risk at City Council Meetings

May 10, 2009

April 28, 2009 about 140 concerned residents of Spokane Valley gathered at Centerplace to give the last opportunity for public comment on the Sprague Appleway Revitalization Plan (SARP). Some of the council has been behaving as a sequestered jury, refusing to discuss the plan outside of the times scheduled for official public comment. Check the March 8, 2009 meeting minutes on line at spokanevalley.org when Councilman Steve Taylor asks if anyone has had ex-parte communication. Councilwoman Rose Dempsey brought up inclusion of Ruby Street Motors to be fairly included as an adjacent business to the rest of Auto Row. Mr. Taylor seemed to be unaware of when he is in a legislative session or a quasi judicial hearing. The only time they cannot talk to citizens outside of a city council meeting is on an issue where they are in the role of a judge, called a quasi-judicial hearing. Most of their job is legislative. The City Center and SARP is a legislative matter but it has huge repercussions for people outside of the City Center area since it includes Sprague Ave. all the way to Sullivan.

April 28th was the last opportunity to comment on the entire plan. Whatever needed to be said had to be said now. Mrs. Scott of Lark Docks, used this opportunity to express her wonder at the lack of consistency between the comprehensive plan and the City's SARP. She was abruptly stopped by Mayor Munson who perceive her questioning of a senior planner's statements as a personal attack. He had warned prior to this comment time that personal attacks would not be allowed. While she was allowed to finish, it created a very tense and hostile environment for those who later took their turn speaking.

The Spokesman Review reporter John Craig contacted Tim Ford, the Ombudsman at the Washington Attorney General's Office who agreed that substantive remarks even if they seem critical are protected speech.

Mayor Munson's response in the Spokesman on May 9, 2009 suggested he has no intention of changing the way he runs the Council Meetings. It is unfortunate that while Mayor Munson correctly wants to ensure there are respectful and orderly Council meetings, he does not hold the same respect for constitutionally protected free speech.

Elected officials unwilling to discuss public matters of concern in the community and as part of the City's public business agenda invalidates the reason they were elected. It is as absurd as
a senator refusing to listen to their constituents and refusing to listen except during the one day of public testimony. It would bar all timely intervention to provide factual arguments to help that official come to a decision that is the most ethical and wise.

At a recent City Council meeting Steve Taylor admitted that the SARP has been Council driven.
While daunting to try to fight against a foregone conclusion, it is vital that people continue to research and look for solutions. Continue calling, writing and emailing the council. The final decision will not be made until June 16, 2009. The Council may not respond but you have a right to lobby your elected officials.

Councilman Gary Schimmels and Councilwoman Rose Dempsey have been the most conservative and realistic in supporting a smaller City Center without infringing on the commercial rights of the property owners outside of the City Center circle.

There has been a trend lately by some local governments in creating town centers but they have had devastating effects in many communities. While the majority of the City Council believes in the wisdom of this venture - there has been an unwillingness to be flexible in ensuring they do not damage existing commercial properties despite the fact it may take 20 - 30 years to implement their vision.

In the meantime, be informed, speak out, be polite but use your constitutional rights to petition your elected officials. Change is here and it's time to seriously consider our elected leadership. We, the citizens will pay for these decisions - they should reflect more than an oligarchy - rule by a few.