Pensacola council adds Attorney General letter to agenda after 6–1 vote; debate highlights First Amendment concerns

The Pensacola City Council voted 6–1 to add a discussion item addressing a letter from the state Attorney General to the council calendar. Council Vice President Patton moved to add the item and Council Member Wiggins seconded; the clerk recorded the motion as passing 6 to 1.

The subsequent discussion produced sharply divergent views. Council Member Baer criticized the letter as ‘‘an unsolicited opinion’’ and argued it should not displace community comments. “This was an unsolicited opinion…wasting taxpayer dollars,” Baer said, urging the council to consider resident input rather than treat the letter as dispositive.

Council Vice President Patton said he read the letter carefully and noted that receiving a letter from the Attorney General’s office addressed to the council was unusual. Speaking with an attorney’s perspective, Patton said the letter’s cursory reference to the First Amendment suggested limited vetting and that there is a ‘‘very real risk’’ of First Amendment litigation if the city cancels an event; he recommended retaining First Amendment counsel to get definitive legal guidance or asking the Attorney General to indemnify the city for costs should the city act on the letter and face legal claims.

Councilman Jones concurred with the view that the letter read more as a personal opinion without citations to case law. The council did not reach a binding legal determination in the agenda conference; instead members agreed to discuss the letter as an added agenda item following the stormwater discussion and to give staff and counsel an opportunity to brief the body further.

What happens next: the Attorney General letter will be discussed at the subsequent agenda item; council members indicated a range of options from seeking outside First Amendment counsel to simply treating the letter as advisory while reviewing public comments.