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Sellersburg council adopts revised public-comment rules after residents warn of First Amendment risks
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Summary
After hours of public comment and lawyer-led edits, the Sellersburg Town Council approved amendments to its public-comment ordinance that narrow when speakers may be removed or barred, prompting warnings from residents that the draft risked suppressing protected speech.
The Town of Sellersburg Council voted April 27 to adopt amendments to its public-comment ordinance after two residents raised constitutional concerns and council legal staff narrowed language to focus on conduct that rises to criminal disorderly conduct.
Public commenters urged the council to reject broad language they said could chill criticism. Keith Lamont told the council the draft contained multiple provisions that were “overly broad” and could silence sharp criticism of public officials, arguing courts have repeatedly held that offensive or pointed speech about government is protected unless it actually disrupts the meeting. Charlie Pierce likewise opposed the proposed limits, warning the council the law risks retaliation and saying residents could sue if the rule were adopted as written.
Council legal adviser Jake told members the changes now emphasize that profanity or loud, insolent or angry behavior would be prohibited only if it rises to disorderly conduct under Indiana law; the council also struck a provision that had sought to ban “personal attacks” as drafted. The amended language keeps the council’s ability to remove a speaker who actually disrupts the meeting, while narrowing removal and ban provisions so they apply only when conduct meets the criminal threshold cited in the ordinance.
Council President led the motion to amend and adopt the ordinance on second reading; members approved the motion by voice vote. The ordinance updates section 30.18 of the town code to require agendas be posted and to set procedures for public comment, including timelines for item submission and limits tied to disorderly conduct standards.
Supporters of the change said the update aligns Sellersburg with practices used by other Indiana municipalities and gives staff clearer enforcement guidance; critics in the audience said the draft still raises free-speech concerns and urged further review. The council indicated it would publish the ordinance text and required legal notices, as stated in the ordinance, and will monitor implementation.
The ordinance takes effect on passage, and the council directed staff to post the final text online and in the town’s public record locations.
