Travis, Council Have Immunity in Cote Free Speech Suit

WARWICK, RI — Former City Council member Donna Travis and other individual members are shielded from Rob Cote’s free speech suit seeking nominal damages from the body and punitive damages from Travis for kicking him out while speaking at the July 17, 2023, Council meeting.

The ACLU of Rhode Island is providing Cote legal representation in the suit. Attorney Thomas W. Lyons of Strauss, Factor, Laing & Lyons,  is representing Cote.

“While we are disappointed in the decision and respectfully disagree with it, a decision on an appeal would be premature at this time. There are still claims pending against the City of Warwick itself,” Lyons said. If those also fail, he said, he, Cote and the ACLU will weigh whether to file an appeal.

Cote said an appeal should seek to overturn the ruling of administrative immunity for Travis’s actions and the City Council’s failure to act that night.

Cote said that he doesn’t think the City as an entity, and therefore his fellow taxpayers, should bear the burden of Travis’s actions. He said the rest of Council is also responsible for him being escorted, unconstitutionally, from the meeting in the midst of his remarks. The other members of the Council could have preserved his civil rights by raising a point of order and preventing his removal from the meeting, Cote said.

“This is going to have a chilling effect if this is not overturned,” Cote said. Officials and citizens will know that violating their First Amendment rights will earn them no personal consequences, he said.

“This is about the violation of the First Amendment, on which our country is founded,” Cote said.

Cote’s July 15, 2023 Free Speech Attempt to Speak before Council

“First, I’d like to congratulate Councilwoman Donna Travis. Another front page of the Providence Journal,” Cote said during the first two sentences into his public comment time July 17. The article concerned a property dispute Travis is involved in.

“This is about city government. It’s actually mentioned about the Warwick City Council…”

“Did you hear what I just said?” Travis interrupted.

“OK,” Cote replied.

“I don’t care, any one of the council people, you do not take attack to, stick to a city government issue, and then we’ll go forward.” Travis said.

“This is about city government issues. We have an elected official…”

“OK, somebody want to take him out?” Travis said.

“You know this is going to be with the ACLU?” Cote asked.

“He’s all done.” Travis said.

A short time later a Warwick Police Officer walked up to Cote and escorted him from the room as Travis encouraged a more speedy ouster.

“You’re leaving now. I’m sure he can read. Go,” Travis said.

Judge: Immunity Question Hinges On Council Rule Legal Status

In removing Cote from the meeting, Travis relied on a Council rule prohibiting personal attacks during public speaking time.

“The Court believes that both precedent and prudence favor the conclusion that Travis’s action under Rule 1 was within the sphere of legitimate legislative activity. As an initial matter, the law of the First Circuit holds that if “a legislative body adopts a rule, not invidiously discriminatory on its face, that bears upon its conduct of frankly legislative business,” then ‘the doctrine of legislative immunity must protect legislators and legislative aides who do no more than carry out the will of the body by enforcing the rule as part of their official duties,’ ” according to the ruling by Senior District Judge William E. Smith.

The decision also dismissed Cote’s argument that the immunity not be applied because of what he described as Travis’s intent, to act against him prejudicially.

” Travis’s act indeed may have violated Cote’s constitutional rights, may have evinced poor judgment, and may even have been done in service of an inappropriate motive or intent. But legislative immunity “is not forfeited simply because the activities, if unprotected, might violate a plaintiff’s constitutional rights.”

Additional Reading

ACLU Urges Council to Reassure Public of Free Speech

ACLU Files Warwick City Council Free Speech Suit

In Trying to Dispel Smoke, Travis Started a New Fire

Council Takes Undisclosed Vote on Cote Free Speech Suit

RI ACLU, Cote, Expand Cote Free Speech Suit to City

Memorandum and Order Granting in Part and Denying in Part MSJ