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Lewistown resident urges weed enforcement and challenges citizen‑comment rules as unconstitutional
Summary
At public comment Jason Carlson accused the city of failing to control noxious weeds on city property, cited Montana statute, and filed a formal notice asking the commission to revise citizen‑participation rules he said violate the U.S. and Montana Constitutions.
During the meeting’s public‑comment period, resident Jason Carlson of 411 West Boulevard presented photos and argued the city is not complying with Montana noxious‑weed law; he said city‑owned property near Garfield Bridge and other parcels are allowing leafy spurge, hounds‑tongue and other noxious weeds to propagate and warned that seeding could create liability for nearby farmers.
Carlson quoted Montana Code (he referenced Title 7, Part 21 and a section numbered in the 7‑22 range) and handed photos to the commission. He asked the commission to address weed control on city land before enforcing lease requirements at East Fork and suggested the city could be liable if seed spreads to private farmland.
Later in his remarks Carlson formally notified the commission that he considers the city’s citizen‑participation paragraph (which restricts “impertinent or slanderous remarks … heckling” and authorizes admonishment or removal) to be an unconstitutional restraint on speech under the First and Fourteenth Amendments and the Montana Constitution. He asked the commission to revise the language to emphasize respectful conduct without what he called criminalizing ordinary speech, and cited 18 U.S.C. § 242 regarding deprivation of rights under color of law.
A commissioner replied that the city participates in the county weed district (providing a point of clarification in response to Carlson’s enforcement claim). The commission did not enact an immediate rule change during the meeting; Carlson said he would submit his notice for the record.
Representative quotes are taken from the transcript: Carlson said he wanted commissioners to “take a look right here in the city land that you guys supposedly own” and later stated, “I am bringing this notice to this commission in regards to … the citizens participation page” and cited constitutional protections.
Next steps: Commissioners acknowledged the concerns and indicated they will review citizen‑participation language and that the city participates in the county weed district; staff follow‑up was requested.
