Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶33 Lastly, as to the “regulation” of the council meeting, the examiner first observed that “Shoemaker and some of his supporters made comments that confirmed they viewed sexual harassment as an improper subject for government regulation,” and “some of the comments were premised upon the theory that any victim of sexual harassment was responsible for the harassment by encouraging or colluding in the inappropriate sexual overtures or behavior of the harasser.” But, the examiner reasoned, however “repugnant” such comments may be, “disagreement with the law is an appropriate subject for comment during a city council meeting regarding settlement of a claim "under that law.” Furthermore, the examiner opined that while “the council could have limited these comments, in terms of time or topic,” “whether and how to limit comment during a council meeting is a legislative act.” Thus, the examiner decided that the conduct of McKahan, the other council members, and the city attorney in allowing an unlimited public discussion of the Denkerelated agenda item during the February 14 council meeting “consisted of the discharge of official duties associated with the council’s legislative acts,” for which the City is immune from suit under § 2-9-111, MCA.

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