Cincinnati Councilman Pat DeWine introduced a motion Wednesday that would immediately impose a 60-day suspension on anyone removed from council meetings because of disruptive behavior. A small number of protesters repeatedly disrupt committee meetings or full council sessions. Anyone so suspended could not be recognized to speak by a committee chairperson or the presider at council for the next 60 days. Six votes are needed to pass the new rule.

Q: Why not just prosecute the repeat offenders?

A: Council's current efforts to prosecute individuals removed from meetings have not been effective at reducing the behavior of a small group of individuals. I think we ought to do a lot more prosecuting, but I know we have had a tough time getting some convictions, and just prosecuting hasn't solved the problem. If convicted of a misdemeanor, they can still be back disrupting council meetings the next day. This continued disruptive behavior keeps other members of the public away, and infringes on the public's right to use this forum to express their views. On council we ought to police ourselves and not leave it entirely to the courts. Also, some of the things they say, such as using the n-word, are not a crime and may not meet all the elements of the Ohio law against disrupting a public meeting, but that doesn't mean we should tolerate such behavior. Use of the n-word is grounds to ask them to leave. Ohio Attorney General Jim Petro recently gave his opinion that under the Open Meetings Act, "A person is guaranteed the right to attend a public meeting, not the right to be heard at that meeting."

I expect we will get sued. There's no guarantee the 60-day suspension will prevail, but the law department thinks we can do it. If we are afraid of lawsuits, the city couldn't operate. I think this 60-day suspension is worth fighting for.

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