New Berlin restricts public comments
By Matt Hrodey
The American Civil Liberties Union is on the warpath against the New Berlin Plan Commission for creating new restrictions barring people who live outside the city from speaking at meetings. The commission took the action after a heated hearing on June 7 regarding a controversial new housing project.
In May, the commission had approved a waiver needed for the proposed affordable housing complex to proceed, but this set off a backlash from many residents, who argued it would drive down property values and increase crime in the City Center, an area originally envisioned as a magnet for up-scale development.
Mayor Jack Chiovatero
These feelings erupted at the June 7th meeting, with many residents voicing these complaints and a minority of people, some from outside the city, defending the affordable housing. (The outrage has led to a recall effort against Mayor Jack Chiovatero by the Concerned Citizens of New Berlin and has pushed him to reverse his stand on the development; he now opposes it.)
In reaction to the June 7 meeting, the Commission voted at its meeting on June 29 to add restrictions to public comments. Now, the new policy says, the public will be given 30 minutes at the start of every meeting (called “the Privilege of the Floor”) to offer “individual presentations” up to three minutes long related to topics on the meeting’s agenda.
The policy targeted unruly participants. “Presentations shall not deal in personalities or personal attacks on members of the Plan Commission or city employees,” it says, and comments “are not to be designed for purposes of engaging others in a debate.”
The policy also targeted non-residents. “Those allowed to speak during Privilege of the Floor regarding pending actions on the agenda shall be restricted to New Berlin residents and landowners only,” it says. “The only exception to this would be the applicant, their consultant and any support staff needed to address questions or comments regarding the application or project being discussed or acted on that evening.” In addition, all candidates for public office would be barred from speaking, whether they live in New Berlin or not.
In a letter to Chiovatero, the ACLU takes issue with new restrictions on who can speak. “While it may be reasonable to seek to ensure that the Plan Commission can efficiently conduct its business by, for example, limiting the amount of time given for each person to speak, restricting the ability to speak based on the residence of the speaker does nothing to enhance the quality of the debate,” the letter, signed by Christopher Ahmuty, executive director of ACLU Wisconsin, says.
He adds, “We are concerned about the chilling effect of this policy, the timing and content of which suggest it was enacted to suppress or limit speech from a viewpoint with which some New Berlin residents and officials disagreed.”
The ACLU says the policy will block supporters of affordable housing from outside New Berlin from speaking at meetings. One such organization, SOPHIA of Waukesha County, an interfaith social justice group, was a vocal supporter of the New Berlin project.
Another supporter who would presumably be barred from speaking is Milwaukee Common Council President Willie Hines. “To those New Berliners with anxiety about property assessments decreasing or criminal activity rising, I encourage you to maintain high standards for your neighborhoods and for your city,” he said in a June news release. “But I would also ask that you be open to making space for ‘non-wealthy’ citizens who want to positively contribute to New Berlin’s social fabric and local economy.”
In a July 12 meeting, the Plan Commission voted down the entire proposal for affordable housing after hearing comments from residents, most in opposition to the development.
Chiovatero declined to comment on the ACLU letter.
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