The City of Normandy Park has found itself at odds with multiple residents, first over a possible cell tower at City Hall Park, and now due to claims the city violated residents' free speech rights at two separate council meetings.
Normandy Park resident Michael Ditchik, an attorney, says there are about 50 to 70 residents who have openly opposed the cell tower.
Ditchik also maintains that free speech rights were violated at both the May 11th and June 8th council meetings.
As to whether a claim will be filed, Ditchik said, "We are still evaluating whether to formally initiate a First Amendment-based lawsuit against the city. The filing of a Notice of Claim with the City Clerk, which has not yet occurred, would be the first step in this process."
Ditchik charges, in a letter to City Manager Doug Schulze, at the May 11 council meeting, Normandy Park Mayor George Hadley repeatedly attempted to cut him off when he tried to speak about the application pending before the council and/or the subject of RF emissions.
Also in the letter, Ditchik states, "While I fully understand that these subjects may be 'off limits' for the council and other city officials to discuss, that does not mean that I, as a private citizen, am not free to voice my concerns on these issues or any topic I choose."
Schulze said he could not respond to the accusations.
"Unfortunately, I cannot comment on Mr. Ditchik's accusations because Mr. Ditchik has threatened to file a claim against the city for this matter. Therefore, it would not be prudent for me to make any comments about this matter."
"However, the City Council did allow public comments during the meeting," Schulze added regarding the June 8 meeting. "Near the beginning of the meeting, City Attorney James Haney provided a very detailed explanation of the reason for limiting the content of citizen comments."
The off-limits comments, as stated by the city attorney were regarding anything in what is called the "SEPA appeal."
SEPA stands for State Environmental Policy Act, and this appeal is still pending. The SEPA appeal is required to undergo analysis to assure no "adverse environmental impacts" will be incurred due to the cell tower's construction.
The currently pending conditional use permit will be put before the hearing examiner on June 29 at 6 p.m. The hearing is public, in the council chambers and will take testimony on the Clearwire Application for the conditional use permit.