Eastpointe to pay nearly $72,000 to 4 residents to settle lawsuit over ex-mayor's actions

The city of Eastpointe will pay four of its residents nearly $72,000 total to settle a federal lawsuit they filed when former Mayor Monique Owens suppressed them for criticizing her during City Council meetings two years ago.

Each resident will receive $17,910 as the City Council agreed to settle the lawsuit. Mary Hall-Rayford, Karen Beltz, Karen Mouradjian and Cindy Federle sued Owens and the city in U.S. District Court in November 2022.

Former Eastpointe Mayor Monique Owens
Former Eastpointe Mayor Monique Owens

Federal court records indicate there is a consent decree in which the city will remove from all future City Council meeting agendas — and not enforce — language requiring members of the public to direct their comments to the council as a body, not an individual member of the council or the public.

The consent decree also states that during public participation periods at City Council meetings, subject to reasonable time, place and manner restrictions, members of the public may direct and/or express comment, criticism or praise to and regarding public officials.

The Foundation for Individual Rights and Expression, a Philadelphia-based nonprofit, represented the residents.

On Tuesday, City Council passed a resolution apologizing to the foursome for the events on March 22, 2022, and Sept. 6, 2022, and recognizing Sept. 6 as First Amendment Day in the city.

The individual dollar figure paid to each resident represents the year —1791 — of the First Amendment's ratification. More than $11,000 in attorney fees also will be covered by the defendants, for a total settlement of $83,000, according to the foundation.

"The First Amendment protects every American's right to criticize government officials," foundation attorney Conor Fitzpatrick stated in a news release. "With this settlement, Eastpointers can have confidence their voices will be heard and local governments can be left with no doubt there are serious consequences for violating the First Amendment."

Messages were left Thursday for the attorney representing Owens and the city in the lawsuit.

The situation dated to June 2022 and a dispute between Owens and City Councilman Harvey Curley at the Cruisin' Gratiot car show, of which Curley was the longtime chairman. Curley, a former city mayor, got upset that Owens spoke at the opening ceremonies.

Owens said Curley put his hands in front of her face and cursed at her, causing her to fear for her safety, according to a petition for a personal protection order she filed against him. She also filed a police report. Curley was never arrested or charged, according to the lawsuit. A Macomb County Circuit judge denied Owens' request for a personal protection order.

At the Sept. 6, 2022, City Council meeting, Hall-Rayford and Beltz tried to speak up for Curley during the public comment period, but Owens repeatedly interrupted and shouted them down, according to the lawsuit, claiming the discussion of the dispute would "revictimize" her.

It also stated that Mouradjian, who often spoke about animal rights, used her public comments to speak against Owens' behavior toward Hall-Rayford and Beltz. Shortly after that exchange, council members started to get up and leave the meeting, leaving Owens sitting by herself at the council table.

A screengrab from a Zoom court hearing for Eastpointe Mayor Monique Owens, who was arraigned March 9, 2023 on a felony false pretenses charge in 41B District Court in Clinton Township.
A screengrab from a Zoom court hearing for Eastpointe Mayor Monique Owens, who was arraigned March 9, 2023 on a felony false pretenses charge in 41B District Court in Clinton Township.

The lawsuit also states that in March 2022, Owens "forced" Federle "to alter her remarks to omit criticism of the Mayor and to criticize 'the council' or 'the body' instead."

During Tuesday's City Council meeting, which is on YouTube, Curley applauded the four residents, adding "it was a brave thing to do."

"If there's anybody out here that disagrees with me, they certainly have an opportunity to come forward. I invite you to come forward. You can yell at me as much as you want. You can swear at me as much as you want. But we just talked about the First Amendment, so don't be afraid to come up," Curley said, with Mayor Michael Klinefelt adding "please don't swear."

Federle said during the meeting's public comment: "I am very proud of what we did. The First Amendment is so important."

Hall-Rayford, also during public comment, said in part: "When things are difficult, we have to make up our minds to do what's right. Rather than do what's easy." She said all should be able to "just stand up and criticize or say whatever needs to be said, so that we can all enjoy our constitutional rights."

Klinefelt said "we did sign up for this, sitting up here. So any criticism, you know, that comes our way is something we should be prepared for."

Owens was the city's first Black mayor when she was elected in 2019. She also was the city's first Black City council person two years earlier.

She was a controversial mayor and lost a reelection bid in the August 2023 primary and did not advance to the November 2023 general election, in which Klinefelt was elected.

In November 2023, Owens was sentenced to six months' probation and 100 hours of community service after pleading no contest to a reduced charge related to misusing COVID-19 relief money for her personal business. She paid $10,000 in restitution to the county in September 2023, when she entered the plea to a lesser charge.

Contact Christina Hall: chall@freepress.com. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: Eastpointe to pay nearly $72,000 to 4 residents to settle lawsuit

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