Home Antioch Constitutional Attorney Says Antioch City Attorney was Wrong in “First Amendment” Explanation to City Council

Constitutional Attorney Says Antioch City Attorney was Wrong in “First Amendment” Explanation to City Council

by ECT

Mark Meuser, a Constitutional law, Election Law, Political Law attorney at the Dhillon Law Group issued a video in response to Antioch City Attorney Thomas Lloyd Smith who made comments on the first amendment last week.

He posted a video explaining how Smith was wrong in his explanation of the First Amendment in whether the Antioch City Council was dealing with a First Amendment issue when removing Ken Turnage II from the planning commission over comments made on a Facebook post. He called Smiths comments as “bad advice”.

Here is what City Attorney Thomas Lloyd Smith stated on Friday during the meeting:

“I believe you’re hearing from the comments is that what the focus of this issue is not a free speech. The focus of this issue is what is the reaction and the impact that this speech has had on the residents of Antioch,” stated City Attorney Thomas Lloyd Smith. “Thinking about this issue right now and the thing that makes it so critical for the government is that this has incited an impact.”

He told the council it was up to them to determine the impact and what the impact it is having on Antioch residents and their ability to effectively govern. He then explained the difference between an elected official and an appointed commissioner.

“If an elected public official makes these types of statements, there’s a direct accountability for the people who elect that official. So elected officials receive their power on the public. What you have here, because you have an appointed official and you have someone who is appointed by an elected official, so the public elected the official, the official appointed and approved the appointment, put them in this place. And the reason that’s important is because in this circumstance, the individual is beyond the reach and the grasp of public and hold accountable. And so where you’re left is your left as the city council, which is able to determine whether or not this person will be held accountable and how that accountability will take shape. But ultimately the position that commissioner is in, it’s still a position where they got their power for the public, but the conduit was all of you as elected officials who went out there on the public vote and then enabled this person to occupy that position. And you have to decide based on what you hear from the public, whether or not there’s a call to accountability and that calls you accountability would be only yours to be open to exercise, but the public cannot not reach. This individual is safely sheltered and behind the elected officials in Antioch and only the elected officials can decide how it is that this matter should be handled.”

Ultimately, Mayor Sean Wright and councilmembers Joy Motts, Lori Ogorchock, Lamar Thopre and Monica Wilson voted unanimously to remove Turnage from the planning commission.

To follow Mark Meuser on YouTube, click here

 

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10 comments

Low income Antioch Rez May 6, 2020 - 2:15 am

I think in America you should have the right to sound like the stupidest M.F…you know like writing on social media about a 2020s version of Eugenics. But the City of Antioch shouldn’t have to deal with such a person.

LovableCurmudgeon May 6, 2020 - 5:56 am

Yeah. Cuz we can’t possibly tolerate anyone who doesn’t toe the PC line. Never. If someone has a different viewpoint, albeit a wrong headed one, that person should not be excluded from any official post. That person can be wrong, but still effective. Now, if that person performs unethically then, by all means, removal is in order

Greg May 8, 2020 - 5:31 am

Don’t pull that PC bullshit. That’s just code for let me say whatever I want with no consequences. Only racist white people pull that one out. You go tell your boss you hope his mom dies and see how long you have a job. Nothing PC about that. You say ignorant things you suffer the consequences period. The hypocrisy of the “anti PC” Crowd is laughable.

mimzy May 6, 2020 - 9:53 am

I am so tired of this politically correct garbage. Everyone is entitled to their own opinion…Period. As long as you fulfill the duties of your job, and the post did not involve your work or volunteer position, they should have absolutely NO say in your beliefs and rights to express them. Who cares if they agree with him or not! Antioch was just so wrong and I hope the guy sues them to put them in their place. Looks like good advice from this lawyer, he should call him. The city council needs schooling

discouraged resident May 6, 2020 - 10:02 pm

Who’s there to be the watch dog for the Mayor and counsel? So they all ganged up on this one person and got him out. This city is so sick of this city counsel not listening to the citizens who put them in office that they’re free to do whatever they please but God forbid they do something for the people of Antioch that have to live where there is needles, shit, and garbage all around their homes and businesses. We the citizens have been complaining to them for years about these vagrants, drug addicts, sex registrants and thieves that live on our streets, store fronts and shopping centers that are private property signs posted and the city doesn’t do a damn thing to clean it up. We have had several fires started by these low lives that don’t give a damn about any body else much less the property. I’ve seen them breaking into neighbors cars, breaking into windows, rob people on the street and the police don’t respond until it’s over or at all because the counsel won’t let them do to much as I was told because of the virus. Thank God we’r have a Great Chief of police that reinstated the proactive policing again to stop these A-Holes. The officials that need to be held accountable are our Mayor Sean (WRONG) Wright and his whole counsel. They haven’t done a thing for the people that helped put them in office. They did approve their 70% raises for doing nothing and ward public about that. They spend all their time on all the social media reading about each other, passing around tasteless boob pictures and probably worse. What they should be doing is listening to the citizens that have to smell the shit instead of flowers that these homeless leave on our yards and streets. I know of several people have written to each member and has never gotten a response in return including myself. Next what should be done is let these vagrants have the addresses of the city counsel members so they can go to their yards and st up camp and park there RV’s in front of their houses, leave there garbage, keep them up all night watching over there property and watch the endless drug deals going on. Counsel and welcome these vagrants with open arms. We never asked for this in our streets and we don’t have no one to turn to for help. Let’s put this Mayor and counsel up against a wall and take them out of office since they’re not doing anything except for collecting or really stealing the taxpayers money. ANTIOCH CITIZENS ARE FED UP WITH THIS COUNSEL ACTING LIKE A STUDENT BODY FROM GRADE SCHOOL!! This is also going to news media in the bay area.

Greg May 8, 2020 - 5:35 am

Discouraged idiots want to murder people and then try to justify it. That’s like calling yourself a Christian and then trying to defend voting for trump. The two are incompatible. People like you create the conditions to put people in desperate situations then you Complain about their behavior. I have zero sympathy for your kind. Do us all a favor Euthanize yourself and create space for others

Janis May 6, 2020 - 10:57 pm

The elected officials removed him. I’m sure he will rethink his “belief” that only the fit should survive, once he’s older or disabled!

Low income Antioch Rez May 7, 2020 - 5:40 pm

He’s so smart that he couldn’t even survive Antioch politics lol. And looks like this lawyer and ECT are setting him up for future bankruptcy for sure.

Can we get the Dan White bobble heads instead of a 4th of July parade?

Lawyer Bob May 9, 2020 - 3:33 pm

The City Attorney is a major liberal from Oakland…Did you think he was really going to allow free speech in this City? He is going to keep the City Council in the box he wants them in and continue to manipulate things as much as possible. He already wants to tell land lords what they can do with there rents. Not good when everyone thinks one way

flibnitz May 9, 2020 - 10:31 pm

if you live in east county and argue social darwinism then, well you do the math.

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