The American Civil Liberties Union of West Virginia (ACLU-WV) has issued a warning to the Parkersburg City Council, saying its policy that bars public speakers from addressing individual council members could violate First Amendment rights and potentially lead to legal action.
“The ability to criticize government officials is part of the foundation of our democracy,” said Aubrey Sparks, legal director for ACLU-WV. “Free speech includes criticism of government officials. Parkersburg City Council has a choice: They can grow thicker skin, or we’ll see them in court.”
Controversial Rule Draws Scrutiny
The conflict stems from a March 11 vote, when the council passed a 6-3 measure to restrict public comments during meetings to agenda-only topics. The rule was soon tested on March 25 when two speakers attempted to make comments that council members deemed off-topic. One spoke about a public statement regarding a house fire, and another connected a council meeting date to the assassination of President Abraham Lincoln.
Council President Mike Reynolds shut both speakers down, warning they would be removed for violating council rules.
However, the ACLU’s letter does not contest the council’s right to limit speech to agenda topics, which it acknowledged is permitted as long as restrictions are viewpoint-neutral in a limited public forum. The real issue, according to the ACLU, lies in the council’s ban on criticizing or naming individual members, which could be seen as an attempt to suppress dissenting viewpoints.
Is the Council Suppressing Speech?
Concerns were raised after Reynolds warned a speaker not to call anyone out by name during the March 11 meeting, following a claim that Reynolds had made a disparaging remark about him in a text message. Parkersburg’s council rules state that all comments must be directed to the council as a whole, not to individual members, and personal attacks are not allowed.
But ACLU-WV argues that the policy is overly broad and unconstitutional.
“The idea that citizens cannot talk about their elected representatives during a public meeting is deeply troubling,” said a representative from the organization. He also noted that at least three residents have reached out to ACLU-WV about the council’s policy.
City Officials Respond
Council President Mike Reynolds said as of Friday he had not yet seen the ACLU letter but had asked City Attorney Blaine Myers to review it. Myers also confirmed he had not had time to examine the document.
The ACLU-WV maintains that public officials cannot shield themselves from criticism by banning specific topics, especially when those topics concern their own actions as elected leaders.
“This policy may be in direct conflict with the rights guaranteed to West Virginians under the state and federal constitutions,” the letter stated.
What’s Next for Parkersburg?
The ACLU-WV has not yet filed legal action but has made it clear that if the current policy remains in place, litigation could follow.
For now, the city council will have to decide whether to stand by its rule or revise it to align more closely with free speech protections.
The situation serves as a powerful reminder that public forums are meant to serve the people, and any attempt to limit criticism of government officials — no matter how uncomfortable — risks eroding the democratic principles they were elected to uphold.
