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Resident accuses council president of inconsistent enforcement of public-comment rules; president apologizes
Summary
A public commenter told the South Bend Common Council its president selectively enforces time limits and behavior rules during public comment, calling it "viewpoint discrimination" and a First Amendment concern; Council President Kenneth Lee apologized if he erred.
Logan Foster told the South Bend Common Council that inconsistent enforcement of public-comment rules by Council President Kenneth Lee amounted to "viewpoint discrimination" and an indirect First Amendment violation, and urged the president to exercise his role impartially.
Nut graf: Foster cited a July 14, 2025, meeting in which he said a speaker was allowed to exceed a three-minute limit by more than a minute and argued that selective enforcement of time and conduct rules sets a precedent that could chill speech.
During public comment Foster, who gave his address as 1138 College Street and addressed "members of the common council," said the rules announced at the start of the session bar speakers from exceeding a three-minute limit and that on 07/14/2025 "president Lee permitted a speaker to consume 4 minutes and 37 seconds of the 30 minute public comment period." Foster said selective tolerance of conduct such as approaching the podium and pounding fists contributes to unequal treatment of speakers and described the pattern as a constitutional concern: "This practice is an indirect violation of the first amendment of the United States constitution."
Foster urged Council President Kenneth Lee to take the position seriously: "The power and trust vested in you by the people of this city demands nothing less." President Lee responded in the meeting, acknowledging the possibility of error and apologizing: "If someone did, I apologize. ... I'm not afraid to admit when I've been wrong." Lee also referenced the timekeeper, Bob Palmer, in explaining the council's attempts to stay on schedule.
No formal rules change or vote was recorded during the public-comment period. Foster asked the council to enforce rules consistently; the transcript records the exchange and Lee's apology but no formal referral or policy motion was announced during public comments.
Ending: Foster's remarks put procedural fairness and consistency under public scrutiny; the council president's on-record apology addresses the specific complaint but the transcript does not show a follow-up process or policy action during the meeting.
