A federal judge Wednesday blocked the Lower Elkhorn Natural Resources District from enforcing sanctions against a board member after she spoke to a local newspaper about a complaint she filed with the executive committee against a fellow board member. <\/p>\n
Daniel Gutman, director of the First Amendment Clinic that filed the case on Melissa Temple's behalf, called it an important victory for Temple, and First Amendment principles generally. <\/p>\n
\"The injunction entered by the Court is an important first step in fully restoring Director Temples rights as a duly elected representative,\" he said in a statement. <\/p>\n
Temple was elected to a four-year term, starting January 2023, representing the eastern half of Norfolk on the Lower Elkhorn NRD, a public board charged with conserving, protecting, developing and managing the natural resources of the state. <\/p>\n
Three months into the job she filed a complaint against a fellow board member, Scott Clausen, alleging he had made a \"degrading comment\" at a public meeting about her ability to serve on the board and had \"shown a consistent pattern of misogynistic, inappropriate, and offensive behavior while on the LENRD board.\" <\/p>\n
She asked for sanctions against Clausen, but instead of sanctioning Clausen, a majority of the board voted to remove Temple from subcommittee assignments for a year, barred her from being reimbursed for out-of-district travel expenses and publicly reprimanded her afterdetermining she had violated the district's code of decorum by sharing details of her complaint with the public. <\/p>\n
In the lawsuit the first filed by theNebraska College of Laws First Amendment Clinic Gutman sought a preliminary injunction seeking to suspend the sanctions as the case works its way through the federal court, alleging they violated her First Amendment right to free speech and prevented her from doing her duties as a duly-elected board member. <\/p>\n
In a 15-page order Wednesday, Senior U.S. District Judge John Gerrard said both sides agreed Temple's statements to the Norfolk Daily News were protected by the First Amendment. While the LENRD tried to characterize the sanctions as a result of Temple's \"poor judgment\" and \"lack of decorum,\" he said it was clear in the letter recommending sanctions that the executive board wanted to punish her for speaking to the newspaper about Clausen. <\/p>\n
The question at this stage was whether Temple had been harmed by the actions in a way that would chill an ordinary person in her position from doing the same again. <\/p>\n
Gerrard said it \"does not offend the Constitution\" to remove Temple from sitting on subcommittees, because they are entirely voluntary and none of her voting rights are implicated. <\/p>\n
\"Now, whether it should do so in the district's best interest is a separate question to be considered by the political body and by the district's voters,\" he wrote. <\/p>\n
But he found that Temple's speech had been chilled by the board's decision to revoke her right to receive reimbursements to which she's statutorily entitled that add up to about $6,600 a year and for which LENRD already has budgeted. <\/p>\n
He said Temple and her constituents are the ones suffering \"due to her inability to attend workshops, conferences, and out-of-district LENRD projects.\" <\/p>\n
Gerrard said under the statute the LENRD only had the power to disapprove unnecessary out-of-district travel expenses, and she was likely to be successful on her First Amendment retaliation case as it pertained to sanctions regarding per diem and reimbursement payments. <\/p>\n
\"The LENRD argues that an injunction would 'erode public confidence in the elective process since the decision to censure (Temple) was made in open session of a public meeting.' Frankly, this whole ordeal has the potential to erode public confidence in the LENRD's ability to govern,\" the judge said. <\/p>\n
He said because Temple is a first-year member of the LENRD with no previous governmental experience, the public particularly those who live in the eastern part of Norfolk is served by her ability to attend trainings and programming relevant to her representation. <\/p>\n
Gerrard said he had resolved the issues presented at this stage of the proceedings. <\/p>\n
\"What the parties must resolve is how they are going to move forward and govern together in 2024. As the calendar turns to a new year in a few days, now is a good time for the parties to determine how they will get along and govern in the best interests of the public,\" he wrote. <\/p>\n
\"Les Miserables\" coming to Lied Center in January; Two Lincoln men challenging gun charges after Supreme Court rulings; South Lincoln Lazlo's \"working on plan to reopen\" after fire. <\/p>\n
St. Teresa Catholic School students Ephram Rutledge (center) and Paul Johnson (right) sing Christmas songs outside the Governor's Mansion during the inaugural \"Hometown Christmas\" celebration Sunday. <\/p>\n
Nebraska's Lexi Rodriguez (right) places the Nebraska logo on a ticket to Tampa after winning in an NCAA Elite Eight match against Arkansas on Saturday, Dec. 9, 2023, at the Devaney Sports Center. <\/p>\n
Rabbi Mendel Katzman, executive director at Chabad of Nebraska and a member of the Omaha Police Department Chaplains Corps, uses the shamash to light a second candle of the menorah on Tuesday during a ceremony in the Capitol Rotunda. In Hebrew the word \"menorah\" translates to lamp. <\/p>\n
Nebraska's Laney Choboy (6) dives into head coach John Cook as she tries to save the ball from going out of bounds in the third set, during an NCAA Regional Semifinal match held at the Bob Devaney Sports Center, on Thursday, Dec. 7, 2023, in Lincoln. <\/p>\n
Wearing his black Stetson cavalry hat, Sgt. 1st Class Joseph \"Joey\" Prichard of Omaha embraces his wife Samantha Prichard on Thursday at the Nebraska National Guard base in Lincoln. This was the second deployment for Prichard, with the first in 2010 to Afghanistan. \"It's always a surreal moment. It doesn't hit you until you see them, you know you're coming home,\" he said. \"I couldn't fight the tears. I did it on my first deployment too. I cried when I said goodbye to her, and now when I come home.\" A total of 91 Nebraska Army National Guard soldiers in the Troop C, 1-134th Cavalry returned to Nebraska on Thursday after a 10-month deployment to the Middle East. <\/p>\n
Guests walk by the newly completely hangar-style addition at Lincoln North Star High School during an open house Monday. The $5.4 million expansion will house the school's aviation focus program. <\/p>\n
The Journal Star Super-State first team includes (from left) Papillion-La Vista South's Lauren Medeck, Papillion-La Vista's Faith Frame, Bennington's Olivia Mauch, Grand Island's Tia Traudt, Lincoln Southwest's Malayah Long, Papillion-La Vista's Mia Tvrdy and Norris' Anna Jelinek. <\/p>\n
The Career Academy students Amber Ortega (left) and Kameron Beckler cook during the annual Lincoln Public Schools culinary competition on Wednesday at The Career Academy. <\/p>\n
Creighton's Trey Alexander makes a dunk against Nebraska's Rienk Mast on Sunday, Dec. 3, 2023 during the second half of a game at Pinnacle Bank Arena. <\/p>\n
Hana Sindi, from Lincoln, holds a sign and chants alongside fellow protestors on Sunday, Dec. 3, 2023 during a Justice for Palestine march on the pedestrian bridge at Pinnacle Bank Arena. I support Palestinian liberation and freedom from illegal occupation, Sindi said. <\/p>\n
11-year-old Dima al-Shorman (left) and her sister, Huda al-Shorman, 12, arrange a miniature farm at a play station on Saturday during the opening day of the new Here We Grow exhibit at Lincoln Childrens Museum. <\/p>\n
Nebraska's Kennedi Orr checks her phone as teammate Bekka Allick takes a rest in the locker room after an NCAA Elite Eight match on Saturday, Dec. 9, 2023, at the Devaney Sports Center. <\/p>\n
Nebraska's Ally Batenhorst (14) slams down a kill against Georgia Tech's Tamara Otene during an NCAA Sweet 16 match Thursday at the Devaney Sports Center. <\/p>\n
Jeremy Charging Hawk (left) counts a handful of dollars he made panhandling with his friend, Calvin, on Friday near 13th and on O streets in downtown Lincoln. A new partnership between CenterPointe and the Lincoln Police Department is designed to keep people experiencing homelessness out of jail. <\/p>\n
Bride-to-be Taylor Schulz peruses the wedding dresses on saleat the former location of Dream Dress Express and Tip Top Tux on Saturday in Lincoln. <\/p>\n
University of Nebraska-Lincoln assistant professor Aziza Cyamani (second from right) listen as students Wijdan Almamari (right), Will Janecek (from left) and Said Al Mahrouqi discuss their design concept for the Old City Hall on Friday. <\/p>\n
Nebraska's Merritt Beason (13) and Bekka Allick (5) celebrate after a block against Missouri in the second setduring a second-round NCAA Tournament match on Saturday at the Devaney Sports Center. <\/p>\n
Nebraskas bench erupts as Alexis Markowski is fouled making a basket against Georgia Tech on Saturday, Dec. 2, 2023, during the second half at Pinnacle Bank Arena. <\/p>\n
Pius X's Ava Markowski (40) and Millard North's Izzie Galligan (22) fall to the floor as they chase down a loose ball in the first quarter at Lincoln Pius X High School, on Thursday, Nov. 30, 2023. <\/p>\n
Bia Espinoza, owner of Susa's Sweets & Balloons, stands at her pop up shop located inside Union Bank Place on Thursday. <\/p>\n
Nebraska's Allison Weidner (left) joins her teammates on the bench as they celebrate a point against Florida Atlantic in the third quarteron Wednesday at Pinnacle Bank Arena. <\/p>\n
Amanda Docter of Lincoln uses a torch to heat the beginnings of a handmade glass ornament, or \"glaskolben,\" while studio manager Matt Losee watches on Monday during a holiday workshop at Lincoln Hot Glass. <\/p>\n
A near-full-moon rises over Memorial Stadium on Sunday, Nov. 26, 2023 in downtown Lincoln. <\/p>\n
The first snow of winter falls over the Nebraska State Capitol on Saturday, Nov. 25, 2023 in downtown Lincoln. <\/p>\n
Nebraska players, including Quinton Newsome (6), emerge from the tunnel before the game on Friday at Memorial Stadium. <\/p>\n
Nebraska's Tamon Lynum (left) watches as Iowa players, from left, Tory Taylor (9), Luke Lachey (85), and Steven Stilianos (86) lift kicker Marshall Meeder (92) to celebrate Meeder's game-winning field goal on Friday at Memorial Stadium. <\/p>\n
Nebraska'sJaylen Lloyd (right) celebrates his second quarter touchdown against Iowa with teammate Chubba Purdy on Friday at Memorial Stadium. <\/p>\n
Nebraska's Nouredin Nouili (63) embraces his family, including motherMelanieRagaller (left) and sister Luna Ragaller (right),during the Senior Day activities before the Iowa game on Friday at Memorial Stadium. <\/p>\n
Robert and Stefanie Kirkland from Lincoln sport turkey costumes during the 5K portion of the YMCA of Lincoln Turkey Trot on Thursday in downtown Lincoln. <\/p>\n
Nebraska's Keisei Tominaga celebrates after scoring from beyond the arc in the first half at Pinnacle Bank Arena, on Wednesday, Nov. 22, 2023. <\/p>\n
Reach the writer at 402-473-7237 or lpilger@journalstar.com<\/a>. <\/p>\n On Twitter @LJSpilger <\/p>\n Get local news delivered to your inbox! <\/p>\n <\/p>\n Link: A federal judge Wednesday blocked the Lower Elkhorn Natural Resources District from enforcing sanctions against a board member after she spoke to a local newspaper about a complaint she filed with the executive committee against a fellow board member. Daniel Gutman, director of the First Amendment Clinic that filed the case on Melissa Temple's behalf, called it an important victory for Temple, and First Amendment principles generally. \"The injunction entered by the Court is an important first step in fully restoring Director Temples rights as a duly elected representative,\" he said in a statement Continue reading
\nJudge rules in favor of sanctioned Norfolk NRD member - Lincoln Journal Star<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"