MADISON - A Monroe resident banned from the Behring Senior Center after causing a disturbance can't sue the city for an alleged violation of her First Amendment rights, a federal judge ruled this week.
Magistrate Stephen Crocker dismissed Edith Milestone's suit finding the Senior Center Board banned her because it believed she "posed a safety concern" and not because they were trying to deny her free speech rights.
"Plaintiff cannot argue that threats are protected by the Constitution or that the city must wait for an assault to occur before it takes action," Crocker wrote in a seven-page opinion issued Tuesday.
Milestone, 79, had visited the center for a year but after complaining loudly to Tammy Derrickson, senior center director, about her score during an Oct. 23, 2008 card game, Derrickson banned her from further visits to the center. Derrickson said Milestone's behavior at the card game and on other occasions violated the center's conduct code which requires treating other visitors with respect, prohibits abusive language and physically threatening conduct, according to Milestone's complaint.
The board later upheld the ban but allowed Milestone's reinstatement if she completed an anger management class.
Instead, Milestone sued claiming her complaints to Derrickson are considered speech protected by the First Amendment and banning her violated Milestone's right to freedom of expression and to petition government for redress of grievance.
Milestone also alleged that since the center's code of conduct for visitors had no specific penalties for rule violations, and is vague and overbroad and violates the First and Fourteenth Amendments to the United States Constitution for legal due process and equal protection.
She sought unspecified damages for emotional distress.
Milestone's attorney Raymond Claussen, Madison, had reached a settlement in a similar suit against the city of Middleton which had banned a woman from the city pool for complaining about loud music at the pool.
However, Crocker found problems with Milestone's suit after Monroe and Milestone both sought summary judgment. Crocker said he couldn't find that the city was liable for the board's imposing the ban as the city council never reviewed the board's action and Milestone never requested a review.
"Because plaintiff's response fails to show that the city is the proper defendant in this case, I will deny plaintiff's motion for summary judgment and grant defendant's motion," Crocker wrote.
Despite all the legal arguments over liability and constitutional rights, it remained undisputed that Milestone was "complaining loudly about her score," Crocker wrote, and the city has a right to regulate speech as long as it's "unrelated to viewpoint."
"The city has a legitimate interest in minimizing disruption and keeping the center a pleasant environment for its visitors," Crocker wrote.
Derrickson declined comment on the decision and Mayor Ron Marsh wasn't available for immediate comment Wednesday.
Claussen called the order "disappointing" but wouldn't decide on appealing it until he talked to Milestone.
Magistrate Stephen Crocker dismissed Edith Milestone's suit finding the Senior Center Board banned her because it believed she "posed a safety concern" and not because they were trying to deny her free speech rights.
"Plaintiff cannot argue that threats are protected by the Constitution or that the city must wait for an assault to occur before it takes action," Crocker wrote in a seven-page opinion issued Tuesday.
Milestone, 79, had visited the center for a year but after complaining loudly to Tammy Derrickson, senior center director, about her score during an Oct. 23, 2008 card game, Derrickson banned her from further visits to the center. Derrickson said Milestone's behavior at the card game and on other occasions violated the center's conduct code which requires treating other visitors with respect, prohibits abusive language and physically threatening conduct, according to Milestone's complaint.
The board later upheld the ban but allowed Milestone's reinstatement if she completed an anger management class.
Instead, Milestone sued claiming her complaints to Derrickson are considered speech protected by the First Amendment and banning her violated Milestone's right to freedom of expression and to petition government for redress of grievance.
Milestone also alleged that since the center's code of conduct for visitors had no specific penalties for rule violations, and is vague and overbroad and violates the First and Fourteenth Amendments to the United States Constitution for legal due process and equal protection.
She sought unspecified damages for emotional distress.
Milestone's attorney Raymond Claussen, Madison, had reached a settlement in a similar suit against the city of Middleton which had banned a woman from the city pool for complaining about loud music at the pool.
However, Crocker found problems with Milestone's suit after Monroe and Milestone both sought summary judgment. Crocker said he couldn't find that the city was liable for the board's imposing the ban as the city council never reviewed the board's action and Milestone never requested a review.
"Because plaintiff's response fails to show that the city is the proper defendant in this case, I will deny plaintiff's motion for summary judgment and grant defendant's motion," Crocker wrote.
Despite all the legal arguments over liability and constitutional rights, it remained undisputed that Milestone was "complaining loudly about her score," Crocker wrote, and the city has a right to regulate speech as long as it's "unrelated to viewpoint."
"The city has a legitimate interest in minimizing disruption and keeping the center a pleasant environment for its visitors," Crocker wrote.
Derrickson declined comment on the decision and Mayor Ron Marsh wasn't available for immediate comment Wednesday.
Claussen called the order "disappointing" but wouldn't decide on appealing it until he talked to Milestone.