A Cleveland man is suing City Council for cutting off his microphone as he talked about council’s political fundraising during a public comment session. 

At a Sept. 25 meeting, Chris Martin tried to read a list of City Council members who had received money from the Council Leadership Fund, a political action committee controlled by Council President Blaine Griffin. But Griffin cut Martin’s comments short on the grounds that he addressed individual council members in violation of public comment rules. 

Martin’s lawsuit, filed in U.S. District Court for the Northern District of Ohio, seeks damages from council and a judge’s order stopping council from enforcing its public comment rules. He is represented by the First Amendment Clinic at Case Western Reserve University School of Law.

“Defendants City Council and City Council President Griffin have not only unconstitutionally censored Mr. Martin,” the suit says, “but they continue to threaten to enforce unconstitutional policies, and have proposed revisions to those policies that are seemingly motivated by impermissible viewpoint discrimination.”

Griffin and council are named as defendants. A spokesperson for Cleveland City Council declined to comment on the suit.

Public comment is relatively new to Cleveland City Council. The body added a public comment section to its Monday night meetings after a citizen-led push in 2021. 

The current public comment rules allow 10 speakers to talk for up to three minutes each. Speakers are barred from electioneering, using discriminatory or indecent language, and endorsing products or services. The rules also bar speakers from addressing individual council members. 

Council has been weighing a change to public comment rules that would limit speakers to items under consideration by the 17-member body. The move could rein in the wide-ranging remarks common to comment sessions. For weeks, most comments have come from speakers calling for a ceasefire in the Israel-Hamas war in Gaza. Council has also heard offensive and sexual comments. 

In September, Martin read off the names of several council members and the amount they had received from the leadership fund before Griffin interjected.  

“Sir, the rules are that you are not supposed to address individual leaders,” Griffin said. 

“I am not impugning the character of any councilor,” Martin replied, “I am simply stating the facts of who has accepted money from the Council Leadership Fund.” 

“We are going to remove you from the mic if you mention one more council member’s name,” the council president said. “Please proceed, sir, without mentioning any council member’s name.” 

When Martin persisted in naming council members, Griffin cut off his microphone and asked him to leave. Martin continued speaking as Griffin tried to gavel him down.