A Valley City man is suing his city commission for quashing his right to speak at a public meeting. The case also cites a Minot incident in arguing for the court to overturn provisions of the Attorney General’s Open Meetings Manual and legal opinions.

Robert Drake, represented by Bismarck attorney Lynn Boughey, filed a lawsuit in U.S. District Court last Friday against Attorney General Wayne Stenehjem and the City of Valley City and its city commissioners. He is seeking declaratory judgment in his favor.

In his complaint, Drake states he and another resident, Lloyd Nelson, have attempted to raise various issues of concern before the Valley City Commission related to spending, taxation, expenses related to city projects and concerns about various ordinances, resolutions and other items. The complaint states the commission repeatedly told Nelson, retired after many years with the N.D. Army National Guard, and Drake to sit down and threatened them with arrest. Nelson recently died so is not a plaintiff in the complaint.

The commission cited the Attorney General’s Open Meetings Manual and various Attorney General Opinions as a basis for continually denying Drake and Nelson the right to speak. The manual states residents have a right to attend but not a right to speak at a public meeting.

“The use of the Attorney General’s official pronouncements of the law has resulted in the denial of the First Amendment rights of North Dakota citizens,” the complaint states.

The complaint cites the example of the Minot City Council, which allowed five minutes last February for former council member Tim Greenheck to oppose the hiring of an assistant for the city manager. In March, Greenheck again asked to speak and was denied because it wasn’t a public hearing. Also in March, the council denied a second resident the opportunity to speak.

The lawsuit asks the court to declare the Attorney General’s Open Meetings Manual to be in violation of the law, require the Attorney General and Valley City Commission to adopt new rules and order the commission to issue an apology within 30 days. Drake also is asking for fines upon the city of $1,000 for each future violation of his speech rights and $100 for any future violation of speech rights of any other member of the public.