Theyerl v. Manitowoc County

41 F. Supp. 3d 737, 2014 U.S. Dist. LEXIS 115201, 2014 WL 4161569
CourtDistrict Court, E.D. Wisconsin
DecidedAugust 19, 2014
DocketCase No. 13-C-590
StatusPublished
Cited by2 cases

This text of 41 F. Supp. 3d 737 (Theyerl v. Manitowoc County) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Theyerl v. Manitowoc County, 41 F. Supp. 3d 737, 2014 U.S. Dist. LEXIS 115201, 2014 WL 4161569 (E.D. Wis. 2014).

Opinion

DECISION AND ORDER

WILLIAM C. GRIESBACH, Chief Judge.

In this § 1983 action, Plaintiff Jim Theyerl challenges, on First Amendment grounds, the actions of Manitowoc County Board Chairman Paul Hansen, who barred Plaintiff from speaking at a number of Board meetings. Both sides have filed cross motions for summary judgment. For the reasons given herein, the Plaintiff’s motion will be granted and the Defendants’ denied.

I. Background

Plaintiff is a retired truck driver who resides in Manitowoc County, Wisconsin. Over the last' several years, he has had occasion to address the County Board on a number of matters of public interest. Board meetings traditionally allowed a period of time for public comments, and on June 19, 2012, Board Chairman Hansen opened the Board meeting to public comment, asking that speakers refrain from making personal attacks.

Plaintiff Theyerl rose to speak and stated that there was “a guy watching porn in [739]*739the County Highway shops,”- and that Theyerl had “thirteen witnesses” to that effect. For context, his full comments were as follows:

So, anyways, at the Highway Committee meeting, I demanded an investigation into the porn that supposedly went on at the airport office in Manitowoc County, through the Manitowoc County Highway Department. I haven’t heard anything from anybody, not a word, and there definitely was porn, so I don’t want to cost the taxpayers any more money, but I’m going to work with the County Board. If anybody’s got any questions, work with me. We want to get charges filed on this guy. There’s no reason for this.... We got a guy watching porn in the County Highway shops, so the investigation hasn’t happened and I am going to pursue it and I will be subpoenaing people to a court case. If the Manitowoc County doesn’t take care of it, I will subpoena the people. I got 13 witnesses that seen it and I said, [I would] rather work with the County Board here, 25 members, I will work with you. I will give you names. If anyone wants to know, to save the county money, because we can’t afford it, I don’t want to waste money, but I want people prosecuted for doing this. It’s got to be done. People are fed up with paying the high taxes and this is all due to people that aren’t watching their jobs. I mean, we don’t pay people to sit there and watch porn on the computer....

(ECF No. 26, Ex. B at pp. 3:10-25; 4:1-25; 5:1-15.)

It was known to the Board and many of the meeting attendees that there was only a single employee who worked in the airport office: Charles Behnke. (ECF No. 31, ¶ 7.1) In response to these allegations, the county’s information systems department inspected Behnke’s computer and discovered no pornographic content on the computer. In a July 11 letter, Board Chairman Hansen reported this information to Theyerl and stated that because they had found nothing, any additional investigation would not be worthwhile “unless you can provide further information.” (ECF No. 27, Ex. A.) In particular, Hansen asked Theyerl to provide more information, including whether he had personally witnessed the conduct, where it had taken place, and the contact information for the thirteen witnesses he had alluded to in his public comments. The letter concluded as follows:

You have publically made serious allegations — including allegations of criminal misconduct — and demanded an investigation. Now it is your responsibility to provide the information necessary to proceed with an investigation of those claims. If you do not accept that responsibility, I cannot permit you to continue making unsupported, defamatory allegations at county board meetings and I will not recognize you to speak during public input at any county board meeting.

(Id. at 2.)

Theyerl did not respond to the letter or provide any of the requested information. The Board held another meeting on July 17, where Chairman Hansen reiterated the tone of his letter to Theyerl: “Public input is not and will not be a time for accusations, or a time for name-calling. If we allow that, any person may stand in front of the Board, make an accusation about anyone, claim witnesses and demand an [740]*740investigation. That cannot and will not happen here.” (ECF No. 10, ¶419.)2 Hansen then said that Theyerl would not be allowed to speak unless he provided the information requested of him. (ECF No. 17, ¶ 7.)

At the August meeting, Theyerl raised his hand to speak but was told by Hansen that he had to provide the requested information before he could speak. Soon after the meeting, Theyerl approached a police officer and handed him a list of what Theyerl said were four witnesses to the pornography.

Eventually, Theyerl began contacting members of the Board individually. On November 20, 2012, he hand-delivered letters to all county board members shortly before a scheduled board meeting. In the letter, Theyerl began by noting that some county employees appointed to management positions had wages that were, in his view, too high. He then stated that he was prohibited from speaking at Board meetings- and expressed frustration at what he viewed as foot-dragging on the pornography investigation. “There were four witnesses turned over to the Manitowoc County Board Chairman on the porn issue, and he has not turned them over to the Sheriffs Department for an investigation .... The burden of proof is on the County to prove to me that there was no porn at the airport office.” (ECF No. 26, Ex. C.) During the November meeting, Theyerl asked to be recognized, but Hansen again told him he was not allowed to speak. “You know why you can’t. You haven’t produced the thirteen people.” (ECF No. 10, ¶ 434.) Nevertheless, Theyerl approached the podium and stated that he had produced four witnesses. “I’m not leaving. I’m talking,” he said. (Id.) Hansen then directed two deputies to escort Theyerl from the room, at which point Theyerl began using profanity.

The December 2012 board meeting produced a similar result. Theyerl requested to be recognized, and Hansen told him that he could not speak until he came forward with the thirteen witnesses. Theyerl protested that he had given Hansen four names. To this, Hansen responded that Theyerl had provided no phone numbers or other contact information for the witnesses. (Id. at ¶ 448.) In fact, Theyerl later admitted in the course of discovery in this case that he had no personal knowledge that Behnke or anyone else at the Highway Department had viewed pornography on county time and that he knew of only one witness. He also admitted he had never personally spoken to the alleged witness about what he had seen. (ECF No. 81, ¶¶ 22, 23, 24.)

Theyerl also appeared at the March 19, 2013 Board Meeting. Another member of the public asked Hansen to recognize Theyerl, and Hansen again declined, explaining as follows: “He has conditions that he may speak again. And when he meets those conditions, or he wishes to sit down and discuss with me, we will consider allowing him to speak again.” (Id. at ¶ 456.) When Theyerl tried to respond himself, Hansen cut him off and told him he was out of order. In June 2013, in response to the filing of this lawsuit, Chairman Hansen wrote Theyerl a letter indicating that Theyerl may speak on matters that are not the subject of his pending lawsuit. That is where matters remain today.

II. Analysis

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Cite This Page — Counsel Stack

Bluebook (online)
41 F. Supp. 3d 737, 2014 U.S. Dist. LEXIS 115201, 2014 WL 4161569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theyerl-v-manitowoc-county-wied-2014.