Mayo Town Council Bans Criticism of Themselves and Staff, Fueling First Amendment Outrage

MAYO, FL - The Town of Mayo is facing a massive legal question after releasing a new "gag order" on its January 12 meeting agenda. The new rules, which appeared right before a local reporter was set to speak, claim that citizens can no longer complain about town employees or make "allegations" against council members during public meetings. Many legal experts believe this move is a direct hit against the First Amendment and Florida’s famous Sunshine Laws.

A Direct Attack on Your Free Speech

Florida law is very clear about your right to speak up at local meetings and keep an eye on your government. According to Florida Statute 286.0114, every member of the public must be given a "reasonable opportunity to be heard" before a board or commission.

This state law works together with the First Amendment of the U.S. Constitution, which protects the right of all citizens to criticize public officials and discuss how public employees are performing their duties. However, the Town of Mayo is now attempting to block that speech.

The Clerk’s Cold Shoulder and the Attorney’s Agenda

The trouble started with a simple question about how the local government works. Rhett Coleman, the co-founder of Lafayette News, reached out to the Town Clerk to ask what the official process was to speak at a town council meeting.

Instead of a helpful reply from the Clerk, he received a surprising email from Town Attorney Angela Ball. The attorney sent over the upcoming agenda with Coleman’s name already listed to speak, but the document had a massive new disclaimer at the bottom that had never been there before.

According to the meeting agenda sent to Coleman, this new rule warns that any discussion about town employees is "not allowed" and that a public forum is not the time to bring up "specific allegations against a Council Member".

Silent Treatment: Town Attorney Ignores Legal Questions

Recognizing a potential violation of the law, Coleman immediately fired back an email asking for the legal reason behind these new rules. He specifically pointed out that Florida Statute § 286.0114 requires the public be given a "reasonable opportunity to be heard" and asked how a blanket ban on criticizing officials matches up with the First Amendment.

As of this writing, Coleman’s request for a legal explanation has been met with total silence from the town’s legal counsel.

Is the Sunshine Being Blocked in Mayo?

This isn't the first time the town has tried to keep citizens quiet. A citizen was actually stopped from speaking at the very last Town Council meeting, (you can read that story here).

Florida’s "Sunshine Law" is supposed to be a shield for the public, not a sword for the government to use against its critics. According to the Florida Attorney General’s Office, the law is designed to make sure the "people's business" is done in front of the people, not hidden behind a disclaimer or moved to a private meeting with the Mayor.

By trying to control the content of what you say during public comment, the town is walking into a legal minefield that often ends with a judge striking down their rules and potential financial liability on the tax payer.