First Amendment advocacy organization calls city’s meeting ban ‘excessive’Cape Coral BreezeBy Valarie Harring4/16/2024First Amendment Foundation urges Cape Coral City Council to revisit ban time periods as they 'could unlawfully infringe' on citizen rights The First Amendment Foundation has sent a letter to the city strongly urging a rework of recent rule changes that allow Cape Coral City Council to impose attendance bans for violating meeting decorum. The consequences portion of the policy Council enacted in February allowing for bans of 30-90 days “is excessive and does not leave a private citizen ample alternatives that would allow such persons to participate in the free expression of ideas,” the April 11 letter to Mayor John Gunter and City Manager Michael Ilczyszyn states, concluding the ban time periods “could unlawfully infringe on private citizens First Amendment rights.” The four-page communication cites various legal precedent and is signed by FAF Executive Director Bobby Block. “Courts, such as in Brown v. City of Jacksonville, have recognized that a restriction needs to be narrowly tailored and leaves citizens with ample alternatives which a ban that can span over several months does not. It is overly restrictive and can therefore act as a prior restraint due to the excessive time limits,” the letter states.
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