On October 24, Judge Bays of the 284th district court (Montgomery county) denied Frank Powell’s applications for temporary and permanent injunctions against the city of Shenandoah.
The basis of Powell’s case was a threat by the city’s former mayor (Ritch Wheeler) to have the police chief escort citizens out of the April 27 Shenandoah city council meeting if they made “personal attacks” during citizens’ forum. During the hearing, the court noted a new mayor was elected in May.
The court set a trial date of May 1, 2023 to hear the city’s claim for attorney’s fees.
After the court issued its ruling, Powell filed a Memorandum of Law with the court which stated that Stephanie Norman and her parents have similar free speech complaints involving the city. Norman claims her social media criticisms of the city have been hidden or deleted on its Facebook page. It is unclear whether Powell’s Memorandum will result in any additional rulings from the court.
Powell represents Norman in a separate lawsuit she filed against the City of Shenandoah on October 3, 2022. That case centers around language in a termination agreement between the city and its former police chief. Norman was not a party to that agreement, but is named in it as being subject to the terms of its non-disparagement clause. She is seeking to have the clause declared invalid and unenforceable.
Correction: a previous story reported in error that the permanent injunction was set for trial.
