Lawsuit claims gun display chills free speech rights
Apr. 13—TRAVERSE CITY — A Grand Traverse County woman is seeking redress for claims that her First Amendment rights were violated when a county commissioner displayed a weapon during a livestreamed board meeting as she gave public comment.
A lawsuit filed Monday in U.S. District Court, Western District of Michigan, Southern Division, names the county and Commissioner Ron Clous, who on Jan. 20 displayed a rifle onscreen for about 7 seconds while Patricia "Keli" MacIntosh asked the board to denounce the Proud Boys.
The display, the lawsuit claimed, has a chilling effect on others who may now be afraid to exercise their free speech rights during meetings and asked the court to stop the practice from taking place at future meetings.
The commenter felt "fearful, intimidated and physically threatened, which continues today," according to the lawsuit filed by her attorney, Blake Ringsmuth. She received several threatening phone calls since the incident and changed her phone number, Ringsmuth said.
MacIntosh asked the court to award her payment of attorney fees, court costs and expenses, as well as nominal punitive damages of an unspecified amount.
"We're perfectly comfortable letting a jury determine what is fair under the circumstances," Ringsmuth said. "I am glad that we're moving forward given that the county has failed to take an appropriate action. We are looking forward to a court hearing this case and a jury determining the justness of the case."
Clous did not return a call from the Record-Eagle seeking comment.
Board Chairman Rob Hentschel, who is not directly named in the filing, had not seen the lawsuit and said he would reserve comment until he had. He also wanted to talk to the county attorney before commenting.
Clous was acting in his capacity as an elected member of the county Board of Commissioners, the lawsuit stated, and his actions were in retaliation for MacIntosh's request for the board to condemn the Proud Boys. Two Proud Boy members attended a meeting in early 2020 to support a Second Amendment sanctuary resolution, which was adopted by the board.
MacIntosh's request was prompted by the Proud Boys involvement in the Jan. 6 insurrection at the Capitol. Several members of the group, which has been named an extremist group by the FBI, have since been indicted for their involvement.
The Jan. 20 rifle incident drew national and international attention, and angered some county residents who wanted Clous and Hentschel — who during the meeting laughed at Clous' display — to resign, or at the very least, apologize. The two commissioners did neither.
A resolution to censure Clous came later, but was voted down by the board on a tie vote. Another Resolution of Redress would have declared the display of weapons during public comment inappropriate, but was voted down after many from the public said it was inadequate.
A county policy states that employees are not allowed to have any kind of weapon on any Grand Traverse County property or anywhere that county business is conducted, with violation of the policy resulting in termination of employment.
No such policy exists regarding livestreamed meetings. By not adopting such a policy, the county has effectively adopted a practice or policy of allowing such conduct, the lawsuit stated.
A Michigan State Police report on the rifle incident was turned over for review by the state Attorney General's office in February. That review is still in progress, according to a spokesperson from the AG's office.
