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Tuesday, July 16, 2024 | Back issues
Courthouse News Service Courthouse News Service

Man Loses Appeal Over Undisclosed City Records

DENVER (CN) - The 10th Circuit has ruled that the city of Grove, Okla., and city officials are entitled to immunity from a man's claims that they refused to let him speak at a city council meeting in defense of a fired city employee, denied him records and sued him in retaliation for protesting their decision.

The court rejected the constitutional claims of David Earl Shero, who said the city refused to give him a copy of the city attorney's resume and "council packets," which are prepared for council members before each meeting, and contain agenda items and other information.

After repeat denials of his requests, Shero took to complaining at city council meetings, prompting the city attorney to file a complaint seeking a declaration that the city has no duty to disclose those documents. At one meeting, the mayor limited Shero's speaking time to three minutes, even though he was the only speaker.

The court weighed his arguments and determined that the city's actions did not violate Shero's First Amendment rights or constitute retaliation. See ruling.

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