PORT ANGELES — In a ruling that came a few days after the Jefferson County commissioners temporarily removed a public comment rule being challenged in a lawsuit by Mike Belenski, a Clallam County Superior Court judge on Friday denied the Mats Mats Bay resident a preliminary injunction that would prevent the now former rule from being used until his free speech lawsuit is settled in court.
The motion for the injunction, filed Dec. 3, was intended to keep the commission from enforcing a rule that gave the chairman authority to prohibit a speaker from making comments determined to be too negative about an individual, derogatory or threatening until the case, which alleges that such guidelines violate the First Amendment, is settled.
Judge Brooke Taylor ruled that Belenski could not prove that he would be caused irreparable harm without the injunction.
He did not say whether the county commissioners’ decision Tuesday to remove the contested public comment guideline until after the case goes through trial played a part in the ruling, said Jefferson County Chief Deputy Civil Prosecuting Attorney David Alvarez who argued against the injunction for the county.
“I was pleased with the decision,” Alvarez said. “I thought we had a good chance to have the preliminary injunction not be granted.”
Belenski, a 53-year-old welding engineer, said he respects Taylor’s decision.
“I understand the reasoning behind it, but I’m disappointed,” he said.
Belenski said he intends to amend his case to include more “declarations of support” from people who also feel that the commission has violated their First Amendment rights before seeking a trial date.
“I’m not appealing,” he said. “I’m going to take it to trial.”
Trial not scheduled
Belenski said he doesn’t expect a trial to be scheduled until January.
While his case takes issue with the entire rule public comment rule that has been temporarily removed, Belenski said his main concern is that the rule, as enforced, kept speakers from criticizing anyone specifically.
Commissioners Chairman Dennis Sullivan has said that the rule did not prevent people from criticizing individuals, if done responsibly without personal attacks.
He said it is intended to have speakers, as the rule said, focus on issues rather than individuals.
Belenski, who said Sullivan has interrupted him while he was giving public comment, said he thinks it inhibits the ability of citizens to criticize county government.
He said he was interrupted only for referring to a person by name.
Belenski said he has not made comments he would consider to be derogatory or threatening, adding:
“I’m not raising my voice; I’m not standing on the table.
“All I’ve ever done is just complain about government.”
Belenski said he filed the case in Clallam County Superior Court to ensure there would be no conflicts of interest that could affect the trial.
Alvarez said that each county in the state designates two other counties where its residents can file cases.
For Jefferson County, they are Kitsap and Clallam counties.
Belenski recently won another free speech case against Jefferson County regarding its ordinance regulating the size of political signs.
The county agreed to remove that ordinance Nov. 30 on the grounds that it was unconstitutional. It also agreed to pay Belenski $350 for attorney costs and $1 in punitive damages.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
