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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¶64 In sum, we hold that the City cannot prevail in asserting either § 2-9-111, MCA, or § 2-9-114, MCA, as a defense to Denke’s claim of unlawful retaliation based on the City’s conduct of the discussion of the Denke-related agenda item at the February 14 council meeting. As for the alternative defenses raised by the City, we conclude that § 27-1-804, MCA, and New York Times are inapplicable here; and while we agree with the City that it could not lawfully have regulated the particular viewpoints expressed by speakers related to Denke’s 1999 Human Rights complaint, we disagree with the City’s contention that it could not have imposed any restrictions on the discussion at all. We accordingly reverse the hearing examiner’s, the HRC’s, and the District Court’s immunity determinations and remand this matter for further proceedings consistent with the foregoing discussion.

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