Did College Park break the law by handcuffing, barring residents from public meeting?

COLLEGE PARK, Ga. - The two College Park residents who were handcuffed at Friday's explosive city council meeting say it was the City Council who broke the law. 

Kim and West Gary said they have lived in the city for more than two decades. When College Park's interim city manager, Dr. Emmanuel Adediran ordered the police to clear the room of all the residents, they stood there in protest.

That landed them in handcuffs, and later with "his and hers" citations for obstruction. They argue that the City Council broke the Open Meetings Act by ejecting residents before voting to censure Mayor Bianca Motley Broom. 

"We didn’t do anything. We didn’t cause any disruptions. I think I had the right to be there, and I planned to stay," Kim Gary said. "I decided that clearing the room was probably illegal and that I had a right to be in a public space and a public meeting." 

Police allowed members of the media and city employees to stay in the room, while the crowd was relegated to the hall of the building. Audio of the meeting played over the speakers, but it wasn't loud enough for anyone to hear. Some residents tried to watch the live stream on their phones. 

The council's three-vote censure of the mayor is part of an ongoing contentious feud between city councilmembers and Mayor Motley Broom. They accused the mayor of overstepping her role during meetings. 

But the city's image has been in disarray recently. Last month, one resident found a trove of city documents in a public dumpster last month. There's also been an exodus of city employees, following the abrupt termination of the previous city manager, which cost the city $139,000.

Councilmember Tracie Arnold was not at Friday's meeting. 

As an official read the resolution condemning the mayor, the meeting flew off the rails. 

"Whereas [Mayor] Bianca Motley Broom has persistently displayed her petulance, belligerent, immaturity, and her lack of leadership," he read from the censure resolution. 

 "And whereas that’s a giant pile of horse s---!" a member of the public interjected, later revealed to be Mayor Motley Broom's husband.

He and several others, including a man residents identified as Councilmember Jamelle McKenzie's husband, were escorted out of the room by officers. 

SEE ALSO: College Park City Council votes to censure mayor in heated meeting

When cops showed the residents the door, that seemed to fly in the face of the residents' understanding of Georgia's Open Meetings Act. 

Clare Norins, a University of Georgia School of Law professor who runs the school's First Amendment Clinic, said the circumstance does create a question of legality.  

"I think there’s certainly room to question whether the Open Meetings Act was fully complied with here," she said. 

Norins noted that while individuals who are disruptive during meetings can be legally removed, the removal of every single member of the public was extremely unusual.  

"Was that necessary and reasonable in light of the disruption? Or was that a disproportionate reaction?" Norins asked, adding that this is ultimately a matter for the courts to decide. 

"The public should be there. There’s already a huge lack of transparency in College Park government," West Gary said. 

The city’s lawyer, Winston Denmark, did not respond to requests for comment throughout the day on Monday. 

In a statement released on Sunday, the city maintained that it followed the law by conducting business behind closed doors.  

However, a spokesperson for the Office of the Attorney General Chris Carr confirmed its involvement in the latest saga of the drama late Monday afternoon.  

"In recent months, we have received several prior complaints from citizens regarding College Park, and we have shared those complaints with the City Attorney, along with the requirements of Georgia’s Open Meetings Act and Open Records Act," said Kara Murray, the Attorney General's communication director. "We have also received additional complaints from last week that we are currently reviewing and will be sharing with the City Attorney."

Murray said in an email, "We take seriously any alleged violations of Georgia’s open government laws, and we’re continuing to evaluate appropriate next steps regarding this matter."

The Garys said they believe police will turn their tickets into warnings. However, on Monday evening, College Park Police Chief Connie Rogers seemed to double down on prosecuting certain attendees of the meeting.

Chief Rogers emailed the mayor and city councilmembers through interim city manager Dr. Emmanuel Adediran, then posted to the city's Facebook page, "The College Park Police Department is reviewing video footage of the August 9, 2024, incident in the City of College Park Special Call Meeting. Anyone observed violating Georgia Code 16- 11-34 (a person who recklessly or knowingly commits any act reasonably expected to prevent or disrupt a lawful meeting, gathering, or procession is guilty of a misdemeanor) will be prosecuted to the extent of the law. The incident in question is being taken very seriously, and the College Park Police Department is committed to enforcing the law and taking appropriate actions based on the findings."

The statement continued, "I, Chief Connie Rogers, assure the residents of College Park that the safety and well-being of the community remain our top priority. We believe in the First Amendment, but we also believe in law and order, and we are committed to upholding both. As the investigation progresses, further updates will be provided to the public to maintain transparency and accountability. I deeply appreciate the understanding and support of The Mayor and Council, and the community during this time." 

This article has been updated to include additional comment.