MAINE CIVIL LIBERTIES UNION FOUNDATION

Augusta City Council Violates People’s Right to Petition

Augusta Citizens Defend Petition Rights Before the Maine Supreme Court

FOR IMMEDIATE RELEASE
Wednesday, July 19, 2006
Contact: Shenna Bellows (207)774-5444
               Eric Mehnert, Esq (207) 992-2602

Portland- The City of Augusta has violated the First Amendments right of its citizens to petition the government, according to arguments Maine Civil Liberties Union cooperating attorney Eric Mehnert delivered in front of the Maine Supreme Court today.  The plaintiffs in the case of Signers of Three Applications v. Augusta City Council say the City of Augusta has acted unconstitutionally by refusing to print petitions to place three citizens’ initiatives on the ballot.

“The real issue here is that the City Council of Augusta feels it has the power to act outside the constructs of both the United States and Maine Constitutions,” said Mehnert, an MCLU cooperating attorney with Hawkes & Mehnert.  “By choosing not to issue petitions for these initiatives, the city violated the rights of some of its citizens to participate in the political process.”

In May of 2006, citizens of Augusta sought to place three citizen initiatives on the ballot for consideration by voters at the next municipal election.  The three initiatives concerned whether changes in zoning, for instance from residential to commercial, should always be presented to the voters for approval, and whether use of the Cony High School site, recently sold to the Boulos Development Company, should be limited to education, athletic field, or playground area.  Based on the opinion of its corporate counsel that the issues at hand were not subject to citizen initiative under the Charter of the City of Augusta, the Augusta City Council refused to issue petitions for these initiatives. 

In a Court Order issued June 8, 2006, Maine Superior Court Justice Donald Marden ordered the City of Augusta to issue the petitions, which it has done.  Justice Marden also found the Augusta City Charter to be unconstitutional, noting that while a city charter may limit the scope of affairs subject to referendum, it may not confer upon the city council discretion as to which issues or viewpoints are subject to referendum.  The City of Augusta appealed the ruling to the Maine Supreme Court at which point the MCLU became involved as counsel to the plaintiffs. 

“Petitioning the government is a fundamental right guaranteed by the Constitution and a cornerstone of democracy in the United States,” said Shenna Bellows, MCLU Executive Director.  “The City of Augusta cannot simply take away that right whenever it disagrees with a citizen’s opinion.  A threat to the free speech of one citizen is a threat to the free speech of all citizens.”

In arguing the case in front of the Maine Supreme Court today, the Plaintiffs seek a declaration of the rights of citizens to petition their government under the Augusta City Charter and the state and federal Constitution and request that the City of Augusta issue petitions for the three ballot initiatives in question.