Southeastern Minn. council sued after resident thrown out of meeting

A woman who was hustled out of a public meeting by a sheriff's deputy after criticizing her city council members is fighting back in federal court.

Andrea Johnson of Oronoco, Minn., claims her First Amendment rights were violated by her treatment at the council meeting in April.

The lawsuit filed Thursday names Oronoco Mayor Ryland Eichhorst, along with three out of the four other council members as defendants.

The remaining council member, Dana Bergner, isn't part of the lawsuit. Bergner and Johnson are sisters, but the reason she wasn't included in the lawsuit was that she didn't engage in retaliatory behavior, said Naomi Martin, one of Johnson's attorneys.

Johnson is seeking a trial by jury, and compensatory and punitive damages from Oronoco, among other costs. Martin said Johnson wants to ensure other residents can speak out or criticize Oronoco leaders in public without fear of repercussions.

"We certainly are seeking to hold the council members accountable," the attorney said.

Oronoco City Attorney Mike Flaherty declined to comment on the lawsuit. Eichhorst and the other council members named in the suit either didn't return phone calls or declined to comment.

Johnson's suit is the latest discord involving Oronoco's elected leaders. Before he was elected last November, Council Member Carl Krause sued Eichhorst over a majority of the council allegedly violating open meeting law by discussing city business during planning sessions for the annual Gold Rush Days antique show and flea market.

Krause tried to resign during a council meeting in March after Johnson, in the meeting's open comment period, questioned why one council member had missed so many meetings. Without naming names, Johnson accused the council member of not being prepared to represent the city on crucial matters.

Krause took offense to Johnson's comments. In a discussion over city board appointments, he accused Bergner of arranging for Johnson to publicly criticize him.

He resigned shortly after a vote on the issue, saying he "doesn't have to be humiliated by any other councilperson and to have puppets come in and talk."

Krause took back his resignation a few days later, telling the Rochester Post-Bulletin at the time that he reconsidered after he went home. He also said he missed meetings because he was in Arizona at the time but vowed to attend future meetings in person.

Johnson spoke to the council again on April 18, criticizing Krause for his public comments and arguing his behavior could have a chilling effect on other critics. The council, with the exception of Bergner, talked over her complaints at several points.

The council ordered an Olmsted County Sheriff's deputy to remove Johnson from the meeting after she noted the lack of diversity on the council.

"... community members who want to engage on Boards and Committees are receiving the message loud and clear that one important qualifier is to be an older, retired white man if they really want a chance," Johnson said.

Council member Jim Richards later brought up Johnson's comments in a discussion on meeting etiquette, saying he didn't think it was right for citizens to come to meetings to publicly shame or humiliate Oronoco's elected officials.

"When someone, especially who it was, says discriminatory statements against the Council, against the white males on Council, I take great offense to it and I think they need to be shut down immediately," Richards said. "Your freedom of speech should not allow you to be discriminatory."

Eichhorst later apologized to Johnson, Oronoco residents and the council at a meeting in May for asking that Johnson be removed from a meeting.