Council adopts revised public‑participation guide after legal debate on free-speech limits

The Harper Woods City Council voted to adopt an amended Guide to Public Participation at Council Meetings after a substantive discussion about the scope of the First Amendment and what the city may lawfully regulate at public hearings.

City Attorney DeWally explained that under constitutional law the municipality may regulate only time, place and manner in a content‑neutral way at open meetings and cannot adopt rules that are content‑based restrictions on speech. "The only thing we can regulate under the First Amendment is time, place, and manner when we have an open meeting," DeWally said during the council discussion, explaining that courts have been strict about content‑neutral standards and that policies must be drawn to avoid viewpoint discrimination.

Council members asked how the revised guide would handle abusive language, racial or ethnic slurs and conduct that may threaten public safety or disrupt the council’s ability to conduct business. Several council members said they expect police or meeting staff to escort individuals who make threats or otherwise disturb the peace; others sought clearer examples in the guide of behavior that would justify removal.

The revised guide, presented by staff, was described as intended to maintain free‑speech protections while giving the council neutral, enforceable tools to address conduct that "threatens public safety, threatens violence to other persons, disrupts the peace and quiet of other persons present, [or] interferes with the ability of other persons to perform lawful actions or their legal duties," language the council reviewed and debated during the discussion. The city attorney noted that while derogatory slurs are abhorrent, courts have generally treated much offensive speech as protected unless it rises to imminent lawless action.

Council members discussed subtle language edits — for example, making timing limits consistent across public-comment categories — and the mayor said staff would update the published guide to reflect the council’s agreed wording. The motion to adopt the amended guide passed: the meeting record shows a majority in favor and one recorded no vote.

Councilors instructed staff to publish the revised guide and update the city website; the city attorney and clerk were identified as responsible for posting the new version.

The discussion and vote followed public comment earlier in the meeting raising concerns about civility at council meetings and enforcement of existing rules.