Michigan Court of Appeals Rules Paralyzed Man Must Have Comments Read Aloud at City Council Meetings
The Michigan Court of Appeals ruled unanimously that Inkster must read aloud the public comments of a paralyzed man who cannot attend city council meetings in person, upholding a lower court finding that the city violated the Michigan Persons with Disabilities Civil Rights Act.
The Inkster City Council must read aloud the written public comments of a paralyzed man who is unable to attend its meetings in person, the Michigan Court of Appeals has ruled.
The plaintiff is Charles Blackwell, a frequent critic of city officials who also reached a settlement with Inkster in 2022 after the southeast Michigan city blocked his comments from its Facebook page.
Blackwell is paralyzed below the waist and said his disability renders him unable to attend all council meetings. So, he emailed comments in advance, and those were read out loud twice at meetings in June of 2024 before the council ended the practice.
City council meetings are livestreamed but did not have a mechanism for hearing public comments online.
A Wayne County Circuit judge ruled Inkster violated the Michigan Persons with Disabilities Civil Rights Act when it refused to have his comments read out loud.
The Michigan Court of Appeals, in a unanimous opinion, upheld the decision.
A key point in the precedent-setting ruling is that the city council had already accommodated Blackwell before it changed its policy.
In fact, it seemed just as reasonable in July 2024 as it was in June 2024 to read aloud the public comments submitted in advance by plaintiff, wrote Appeals Court Judge Christopher Yates.
Thus, the trial court did not commit an abuse of discretion when it entered an injunction that merely required defendant to keep doing what it had done without any difficulty at two city council meetings in June 2024.
Blackwell said the decision is a victory for people with disabilities who cannot easily make their way to every local government meeting.
Blackwell said it is not enough for his comments to be included only in the official minutes because relatively few people read those. He said people making public comments out loud are also seeking an opportunity to reach those who are interested enough in local issues to show up at a meeting.
They aren't strictly trying to advocate their views or plead their case strictly to the city council members, they are oftentimes trying to inform the members of the general public at the meetings as well, he told Michigan Public Radio.
Being able to have your comments heard allows for members of the public in attendance at those meetings to also hear what you have to say.
Inkster could appeal the decision to the Michigan Supreme Court.
City officials did not respond to requests for comment.
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