By Sharon Coolidge
The Cincinnati Enquirer

Activist Nate Livingston questions Cincinnati Mayor Charlie Luken in Hamilton County Municipal Court Thursday. Livingstone was arrested at a Cincinnati City Council meeting for a rule violation. The Cincinnati Enquirer/MICHAEL E. KEATING

Cincinnati Mayor Charlie Luken has control over how people act while City Council is in session, a Hamilton County Municipal Court judge ruled Thursday.

The issue was at the center of the criminal trespassing trial for Nathaniel Livingston Jr., a 34-year-old Over-the-Rhine man Luken ordered out of City Council chambers for carrying a sign that had a racial slur written on it.

Judge Guy Guckenberger found Livingston guilty, ordered him to spend 10 days in jail, pay a $100 fine and spend one year on probation. Guckenberger said the sentence won't go into effect until next month to give Livingston time to file an appeal.

The case stemmed from an April 7 City Council meeting in which Livingston brought the sign to protest the city manager's policy of progressive discipline for city employees who used racial slurs. Employees are suspended for the first two offenses and fired on the third - a policy some have called "three slurs and you're out."

Luken asked Livingston to leave the meeting for violating the rules. Livingston left, but immediately returned, prompting Cincinnati police officers to arrest him.

The mayor, several members of City Council and a Cincinnati Post reporter testified at the trial Thursday.

Livingston argued that he had the right, under the free speech clause of the First Amendment, to carry the sign. But Guckenberger said the free speech argument is an issue for federal court.

"It's clear to me, and the law is clear, that City Council has the power and authority to regulate their meetings and what happens in council chambers," said Guckenberger, a former Republican councilman.

"Citizens are not able to exercise the First Amendment whenever and wherever they wish," the judge said. "The government may control their own property."

Livingston said he uses the racial slur to protest City Manager Valerie Lemmie's decision not to discipline a police lieutenant accused - and later cleared - of using the word five years ago.

He said he would be at next Wednesday's meeting, a similar sign in his hand.

E-mail scoolidge@enquirer.com