close
close

Did College Park violate the law by handcuffing residents and barring them from public gatherings?


Did College Park violate the law by handcuffing residents and barring them from public gatherings?

The two College Park residents who were handcuffed at Friday’s explosive City Council meeting say the City Council violated the law.

Kim and West Gary said they have lived in the city for more than two decades, and when College Park’s interim city manager Dr. Emmanuel Adediran asked police to clear the room of all residents, they stood there in protest.

That earned them handcuffs and later citations for obstruction of public order. They argue that the City Council violated the Open Meetings Act by ejecting residents from the meeting before voting to censure Mayor Bianca Motley Broom.

“We didn’t do anything. We didn’t cause any disturbance. I believe I had a right to be there and I intended to stay,” Kim Gary said. “I concluded that it was probably illegal to vacate the space and that I had a right to be in a public space and at a public gathering.”

Police allowed media and city employees to remain in the room while the crowd was relegated to the building’s lobby. Audio from the meeting was played over speakers but was not loud enough to be heard. Some residents attempted to watch the live stream on their cell phones.

The City Council’s three-vote censure of the mayor is part of an ongoing dispute between City Council members and Mayor Motley Broom, who accuse the mayor of exceeding her authority during meetings.

But the city’s image has been ruined recently. Last month, a resident found a trove of city documents in a public dumpster. There was also an exodus of city employees after the previous city manager was abruptly fired, costing the city $139,000.

Council member Tracie Arnold was not present at Friday’s meeting.

When an official read the resolution convicting the mayor, the meeting fell apart.

“Whereas (Mayor) Bianca Motley Broom has consistently displayed her irritability, belligerence, immaturity and lack of leadership skills,” he read from the motion of no confidence.

“And it’s a huge pile of horse manure!” interjected a citizen who, as it later turned out, was the mayor’s husband.

He and several others, including a man identified by residents as the husband of Councilwoman Jamelle McKenzies, were escorted from the room by officers.

SEE ALSO: College Park City Council votes to reprimand mayor in heated meeting

When police showed residents the door, it seemed to contradict their understanding of Georgia’s public gathering law.

Clare Norins, a professor at the University of Georgia School of Law and director of the First Amendment Clinic, said this does raise a question of legality.

“I think there is every reason to question whether the law on public gatherings has been fully complied with here,” she said.

Norins pointed out that while individuals who disrupt a meeting can legitimately be removed from the chamber, excluding every member of the public is extremely unusual.

“Was that necessary and appropriate given the disruption? Or was that a disproportionate response?” Norins asked, adding that this was ultimately a matter for the courts to decide.

“The public should be involved. There is already a tremendous lack of transparency in College Park’s administration,” West Gary said.

City attorney Winston Denmark did not respond to requests for comment throughout the day Monday.

In a statement released Sunday, the city reiterated that it had complied with the law by conducting its business behind closed doors.

However, a spokesman for the Attorney General’s office, Chris Carr, confirmed his involvement in the latest saga of the drama late Monday afternoon.

“Over the past few months, we have received several complaints from citizens regarding College Park and have forwarded those complaints to the City Attorney along with the requirements of Georgia’s Open Meetings Act and Open Records Act,” said Kara Murray, communications director for the Attorney General. “We also received additional complaints last week that we are currently reviewing and will forward to the City Attorney.”

Murray said, “We take all alleged violations of Georgia’s government transparency laws seriously and continue to evaluate the appropriate next steps in this matter.”

The Garys said they were confident police would convert the tickets to warnings. On Monday night, however, College Park Police Chief Connie Rogers appeared to be stepping up her efforts to prosecute certain participants in the gathering.

Chief Rogers emailed the mayor and city council members through Acting City Manager Dr. Emmanuel Adediran and then posted on the city’s Facebook page: “The College Park Police Department is reviewing video footage of the August 9, 2024 incident at the College Park City Special Meeting. Anyone observed violating Georgia Code 16-11-34 (a person who recklessly or knowingly commits any act that could reasonably be expected to prevent or disrupt a lawful assembly, meeting, or procession is guilty of a misdemeanor) will be prosecuted to the fullest extent of the law. The incident in question is being taken very seriously and the College Park Police Department is committed to enforcing the law and taking appropriate action based on the findings.”

The statement continued: “I, Chief Connie Rogers, assure the residents of College Park that the safety and well-being of the community remains our top priority. We believe in the First Amendment, but we also believe in law and order, and we are committed to upholding both. As the investigation progresses, further updates will be provided to the public to ensure transparency and accountability. I am deeply grateful to the Mayor and Council, as well as the community, for their understanding and support during this time.”

This article has been updated with additional comments.

Leave a Reply

Your email address will not be published. Required fields are marked *