Harris v. City of Valdosta, Ga.

• Decision Date: 15 April 2009
• Docket Number: Civil Action No. 7:07-cv-46(HL).
• Citation: 616 F.Supp.2d 1310
• Parties: Kathryn HARRIS, Plaintiff, v. CITY OF VALDOSTA, GEORGIA, and John Fretti, Individually, and in his Official Capacity as Mayor of the City of Valdosta, Defendants.
• Court: U.S. District Court — Middle District of Georgia

616 F.Supp.2d 1310

Kathryn HARRIS, Plaintiff, v. CITY OF VALDOSTA, GEORGIA, and John Fretti, Individually, and in his Official Capacity as Mayor of the City of Valdosta, Defendants.

Civil Action No. 7:07-cv-46(HL).

United States District Court, M.D. Georgia, Valdosta Division.

April 15, 2009.

Robert A. Plumb, Jr., Valdosta, GA, for Plaintiff.

George T. Talley, Timothy M. Tanner, Valdosta, GA, for Defendants.

ORDER

HUGH LAWSON, Senior District Judge.

This matter is before the Court on Defendants' The City of Valdosta, Georgia and John Fretti's Motion for Summary Judgment (hereinafter collectively the "Defendants"). (Doc. 14). The Motion has been fully briefed by the parties and is ripe for adjudication.¹

Defendants contend that they are entitled to judgment as a matter of law on all of Plaintiffs' claims, and that there are no material issues of fact remaining in this case. After review of the motion and briefs, the affidavits and documents filed in support, and the pleadings and discovery materials on file, the Court grants Defendants' Motion for Summary Judgment.

I. BACKGROUND

This lawsuit arises from a series of events that occurred at a Valdosta City Council (hereinafter the "Council") meeting held on May 5, 2005. On April 27, 2007, Plaintiff Kathryn Harris filed her complaint in the Superior Court of Lowndes County, Georgia. Twelve other virtually identical lawsuits were also filed in the Lowndes County Superior Court on the same date. After filing answers in all thirteen cases, Defendants removed the cases to this Court on May 30, 2007. The Court subsequently consolidated the cases for discovery purposes, designating this as the lead case.²

II. FACTS

A park formerly known as Barber Park (hereinafter the "Park") is located in the City of Valdosta, Georgia (hereinafter the "City"). The Park was originally owned by and named after E.R. Barber, who operated the Park in a segregated fashion. The City purchased the Park in or around 1974. After extensive renovations in 2003 and 2004, a movement ensued to rename the Park after an African-American. Barber Park is located in a predominantly African-American neighborhood.

The People's Tribunal, a local civil rights organization, spearheaded a movement to change the name of Barber Park. Plaintiff Floyd Rose was president of the People's Tribunal during the time period in question. The issue of appointing a committee to address the possible renaming of the Park was initially brought before the Council on February 24, 2005.

The Council consists of seven individuals, with six elected from districts and one at-large councilmember. It meets every other week on Thursday evenings at 5:30 p.m. The mayor is charged with the duty to preside over the meetings, which generally consist of the following format: (1) Opening Ceremonies; (2) Awards and Presentations; (3) Consideration of Approval of Minutes; (4) Citizens to be Heard; (5) Public Hearings; (6) Ordinances and Resolutions; (7) Bids, Contracts, Agreements, and Expenditures; (8) Local Funding and Requests; (9) Boards, Commissions, and Authorities; (10) City Manager's Report; (11) Council Comments; and (12) Adjournment.

The Council's meetings are governed by Robert's Rules of Order, as well as the "Policy Procedures and Guidelines of Valdosta City Council" (hereinafter the "Policy"), which was adopted on February 21, 1985. The Policy provides as follows:

(1) The City Manager determines what is on the agenda;

(2) Items not on the agenda will not be voted on unless they are of an emergency nature;

(3) Issues raised during the Citizens to be Heard portion of the meeting cannot be voted on;

(4) Citizen comments should be brief so everyone has adequate time to express his viewpoint;

(5) Citizen comments should be made to Council as a whole, and individual attacks and cross examination of Councilmembers or City employees are not allowed; and

(6) Once an official vote is taken on any item, the matter cannot be reconsidered for a period of six months without a two-thirds vote of Councilmembers present, excepting matters involved in litigation.

If the Mayor or Councilmembers have an item they wish to have put on the agenda, they make a request to the City Manager. In most cases, if a member of Council asks for an item to be placed on the agenda, it will be so placed. Agendas are provided to the Mayor, Councilmembers, and the press the week prior to the scheduled meeting. If an agenda is amended, it is given to the Mayor, Councilmembers, and the press at least 24 hours prior to the meeting.

Councilman Sonny Vickers requested that the issue of forming a committee to study the idea of renaming Barber Park be placed on the agenda for the February 24, 2005 Council meeting. A motion was made at the meeting for the formation of a committee, but the motion died for lack of a second. After the vote was taken, Plaintiff Rose approached the podium and stated his disapproval of the Council's actions. Defendant Mayor John Fretti (hereinafter "Mayor Fretti") asked Plaintiff Rose several times to take a seat because Plaintiff was speaking during the business portion of the meeting. When Plaintiff Rose refused to sit down, a police officer spoke to Plaintiff Rose, and he left the Council chambers.³ Mayor Fretti did not instruct the police to take any action with regard to Plaintiff Rose.⁴

The renaming of the Park was next addressed at the Council's April 21, 2005 meeting.⁵ Councilman Vickers, who again requested that the Park issue be placed on the agenda, initially addressed the Council. (Audio recording: April 21, 2005 Valdosta City Council meeting, minute 40:32). Mayor Fretti then opened the request for discussion. (April 21, 2005 meeting recording, minute 40:53). Councilman Vickers did not immediately make a motion on the Park issue because he wanted to see what kind of discussion the Council had before he made the motion. (April 21, 2005 meeting recording, minute 41:43).

Councilmen J.R. Sessions, Robert Yost, and Sonny Vickers took the opportunity to speak on the issue. Both Councilman Sessions and Councilman Yost expressed their opposition to renaming the Park. (April 21, 2005 meeting recording, minutes 42:39, 48:40) Mayor Fretti stated that the Council first had to determine whether to allow the renaming of Barber Park, and then the subject of appointing a committee to study the idea would be addressed. (April 21, 2005 meeting recording, minute 44:35). He noted that the issue of the appointment of a committee was raised at a Council meeting just two months earlier. Usually such an item could not be reconsidered within six months after a vote without a super majority. The Council could consider a new motion on the Park issue at the April meeting, however, because the motion was never voted on during the February 24, 2005 meeting, as it died for lack of a second. (April 21, 2005 meeting recording, minute 45:00).

A motion was made by Councilman Vickers to rename Barber Park, but it was voted down 2 to 3. (April 21, 2005 meeting recording, minute 49:18). The appointment of a committee was not further addressed. After the vote was taken, and after Mayor Fretti attempted to move forward on the agenda, Plaintiff Rose approached the podium to ask for clarification about the vote. (April 21, 2005 meeting recording, minute 49:55). Mayor Fretti told Plaintiff Rose that the motion was denied. (April 21, 2005 meeting recording, minute 50:02). The Mayor reminded Plaintiff Rose that it was not a public hearing, to which Plaintiff Rose replied, "I must remind you that I have something to say." (April 21, 2005 meeting recording, minute 50:18). Councilman Vickers told Plaintiff Rose, "Don't do that," and "I wish you wouldn't." (April 21, 2005 meeting recording, minute 50:22). Plaintiff Rose made additional comments about why the Park should be renamed. (April 21, 2005 meeting recording, minute 50:28). Mayor Fretti told Plaintiff Rose that he could try to raise the issue again, and a Councilmember noted that he could do so in six months. Mayor Fretti asked Plaintiff Rose to call him the next day, and he would answer any questions Plaintiff Rose had. (April 21, 2005 meeting recording, minute 50:57). Plaintiff Rose said that he would not call Mayor Fretti, but the Mayor could write him a letter. (April 21, 2005 meeting recording, minute 51:10).

Plaintiff Rose continued speaking and asked for members of the audience who were in support of the name change to stand. (April 21, 2005 meeting recording, minute 51:20). Mayor Fretti then asked Plaintiff Rose to leave the podium. (April 21, 2005 meeting recording, minute 51:26). Plaintiff Rose refused, stating, "I will not do that. I will if you arrest me but I will not move unless I am under arrest." (April 21, 2005 meeting recording, minute 51:28). When asked how long he intended to stand, Plaintiff Rose stated, "If I am under arrest, we'll all go—we'll all go but until—if we're not under arrest, then we'll just stand here." (April 21, 2005 meeting recording, minute 51:51).

Mayor Fretti then recessed the meeting, and asked that Plaintiff Rose "politely, politely let [Council] go on with our meeting." (April 21, 2005 meeting recording, minute 52:42). Councilman Vickers and Commander John Fason of the Valdosta Police Department approached Plaintiff Rose and asked him to leave the podium. It is undisputed that Plaintiff Rose refused. After the Council was called back into session, Mayor Fretti asked the crowd to disperse. (April 21, 2005 meeting recording, minute 53:02). To this, Plaintiff Rose replied, "We—we will not move." (April 21, 2005 meeting recording, minute 53:10). Plaintiff Rose and Plaintiff Willie Head were subsequently escorted out of the meeting by members of the Valdosta Police Department, and were taken to the Lowndes County Jail. Plaintiffs Rose and Head were charged with a violation of O.C.G.A. § 16-11-34, disturbance of meeting, gathering, or procession. Plaintiffs...