The Bloomington City Council plans to reevaluate its procedures for public comment after a recent meeting was flooded with hate speech.
(Alex Eady, WTIU/WFIU News)
The Bloomington City Council plans to reevaluate its procedures for public comment after a recent meeting was flooded with hate speech, including neo-Nazi and white supremacist rhetoric.
Council members will hold a work session April 30 to discuss rules and procedures for public comment during council meetings. It will start at 6 p.m. in the McCloskey Conference Room at Bloomington City Hall, 401 N. Morton St.
Council President Isabel Piedmont-Smith said the work session was prompted by hate speech at the council’s April 3 meeting, when it passed a resolution calling for a ceasefire in Gaza amid the ongoing Israel-Hamas war.
Several people attending the April 3 meeting via Zoom espoused racist, antisemitic, Islamophobic and anti-LGBTQ+ beliefs. Some speakers concluded with comments such as “White power” and “Heil Hitler.”
Officials reacted strongly, with some in tears or nearly so, but council members did not stop the speakers. They condemned the comments, but not until close to the end of the meeting.
The council has a set of rules for public comment available on its website. It says speakers should refrain from language that would “incite an immediate breach of the peace” and “personal attacks against private individuals unrelated to the operation of the city.” It does not, however, address hate speech.
Council Attorney Stephen Lucas said the council can cut speakers off if they are violating the rules, but government is limited when it comes to restricting speech based on content.
“Hate speech is much trickier,” Lucas said. “Where that line is to cut someone off is quite subjective; but certainly, if they are engaging in anything that our rules do prohibit — the immediate thing that comes to my mind is speech that would incite an immediate breach of the peace — we can prohibit and cut (them) off.”
Stephen Lucas (Courtesy, Community Access Television Services)
Piedmont-Smith said the council can cut people off only in specific circumstances, such as if someone incites violence or makes comments irrelevant to the legislation at hand. The council has an open public comment period during which speakers can comment on items not on the council's agenda.
"In short, if we were to cut people off, we would open the city up to a First Amendment lawsuit," Piedmont-Smith said.
Mayor Kerry Thomson spoke out strongly against the hateful comments at the meeting.
“I condemn all hate speech; it is inappropriate,” Thomson said through tears. “While I stand for freedom of speech and we will always allow it in these council chambers, I’m here to ask the people of Bloomington: When you hear hatred, when you hear Nazi speech (and) when you hear deliberate threats and condemnation of Black and Brown people, you do not need to say something perfectly. Just stand up and say something.”
Kerry Thomson fights back tears at the April 3 city council meeting. (Courtesy, Community Access Television Services)
Sydney Zulich, the council’s only Jewish member, could be seen covering her face in shock during the comments. She also later addressed them.
“In the case of white supremacy, anti-Jewishness and anti-Palestinian comments, it’s really easy to spew that kind of rhetoric without looking any other person in the eye, and without any of us being able to see your face,” she said. “To all the people at home who are willing to say that, your cowardice is noted.”
Sydney Zulich (Courtesy, Community Access Television Services)
In a press release Zulich issued a week later, she wrote the council does not currently have the proper procedures in place to protect the community from hate speech and verbal abuse. She added she is committed to preventing hate speech at public meetings in the future.
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The council ended the public comment section — which lasted for more than an hour — with some still waiting to speak. By the time the public comment period of the meeting had concluded, council members were left with little time to comment or deliberate on the resolution.
Isak Asare, the only Black member of the council, expressed frustration with the current procedures.
“It’s frustrating to end what’s been a very long process with rushed comments and not being able to hear the thoughts of everybody in the room, and online,” he said. “One thing that has been clearly illustrated is that this isn’t the adequate forum for us to be having constructive conversations that get to the best outcomes.”
Isak Asare (Courtesy, Community Access Television Services)
Asare told WFIU/WTIU News the work session is a good opportunity for the council to build more consensus around its processes.
“To me, the larger conversation is actually about the underlying structure and how we just move forward to be more efficient and more effective as a council,” he said. “My hope is that we actually think about the structure in the first place that led to this happening … It’s not just about the question of, ‘How do you stop Nazis from speaking at a city council meeting?’”
At a separate council meeting, City Clerk Nicole Bolden — who is Black and queer — spoke out against the hate comments.
“Some commentators and reporters have focused on where the comments came from,” Bolden said, reading from a letter she presented to the council. “It may be a comfort to think that comments made under the veil of anonymity are not really folks from our community. The problem with that view is that it ignores the very real impact on those listening to the rhetorical violence directed at them.”
Nicole Bolden (Courtesy, Community Access Television Services)
Bolden wrote the council’s current process allows members to listen to comments, but not directly engage, which she said does not create a healthy dialogue. She added council members should have spoken up sooner against the hate comments.
She also presented several recommendations for the council to consider, including:
Adjusting time limits so that each speaker be allowed the same amount of time, regardless of the number of speakers
Providing tools for written comments for all attendees and then publishing those comments as part of the meeting record.
Directly addressing comments in certain cases
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“Rather than chastising speakers who specifically direct their comments toward council members, the council could direct that energy at speakers who specifically direct their hate toward our community,” Bolden wrote. “The council does not have to remain silent, especially since you do not seem to want that either. The council can use all of the tools at its disposal to make comprehensive changes in its meeting procedures and policies to ensure a safe, equitable, and effective forum for the City of Bloomington.”
The council has not yet narrowed down specific proposals for consideration, but attorney Lucas said it has received suggestions such as not allowing Zoom comments and further limiting the amount of time individuals are allowed to speak.
An agenda and materials for the council’s consideration, if any, will be posted on the council’s website ahead of the April 30 work session.
