Our client criticized a member of the Kittery Town Council on February 22, 2017. The Chairperson of the Council, Gary Beers, had the client removed for “casting aspersions on a sitting councilor.” Attorney Gene Libby filed a Notice of Claim against the town and negotiated a settlement, without filing a complaint, that included a written and oral apology from Chairperson Beers at the August 2017 council meeting. Beers apology stated:
“After review and reflection, I now conclude I acted incorrectly in requesting [Client’s] removal from the Council while he was in the process of exercising his First Amendment right to free speech. I now wish to apologize to [Client] for my incorrect decision and order. I meant no personal disrespect to [Client] who I recognize as a concerned citizen. Although I may disagree with his publicly stated position I now recognize his right to publicly state it before the council.”
