MCLU Files Suit To Protect Free Speech of Government Contractor

August 7, 2009 

FOR IMMEDIATE RELEASE

Contact MCLU 774-5444

The MCLU filed suit in federal court today to protect the free speech rights of Ellen Decotiis, a speech-language therapist whose contract with the State was terminated after she spoke out about the overly complex regulations governing eligibility for speech therapy.  Ms. Decotiis, the former President of the Maine Speech-Language Hearing Association, has devoted her life and her career to helping children learn to read and speak.

“Ellen cares about children with learning problems, and she has never been someone to leave her concerns at the office,” said MCLU cooperating attorney Rufus Brown, of the Portland law firm Brown & Burke.  “When the state developed new confusing regulations about eligibility, Ellen urged parents to speak with legal experts about their right to treatment.  That isn’t just constitutionally-protected free speech—it is also the right thing to do.”

This recent incident is not the first time that the government has sought to silence Ms. Decotiis.  In 1997, during Ms. Decotiis’s tenure as President of the Maine Speech-Language Hearing Association, she advocated for legislative and regulatory changes to the Child Development Services system.  She was then told that her contract would not be renewed, because she had developed an “adversarial relationship” with CDS and because she was “testifying too much.”  After the MCLU threatened a lawsuit, Ms. Decotiis was rehired.

“People do not give up their right to free speech just because they take a government contract,” said MCLU Legal Director Zachary Heiden.  “We all have a right, and an obligation, to speak out when we witness an injustice.  Ellen’s behavior was exemplary. She deserved a commendation, not a termination.”

In fall 2008, the MCLU wrote a letter to the State, requesting that Ms. Decotiis be reinstated and paid her back wages.  The State refused.  The case, Ellen Decotiis v. Lori Whittmore, et al., was filed in U.S. District Court in Portland.

####