Charles Lee "Cookie" Thornton, 52, lost a $13 million lawsuit against Kirkwood city officials 10 days before he opened fire at a city council meeting Thursday night, killing five.
Court records show Judge Catherine Perry, not only dismissed Thornton's lawsuit, filed in U. S. District Court for the Eastern District of Missouri, but also dismissed it with prejudice, meaning he could not refile the suit.
In his petition, filed in January 2007, Thornton claimed city officials had stopped him from speaking during council meetings on May 18, 2006, and June 15, 2006, "based solely on the content of plaintiff's non-lawbreaking speech," adding that they handcuffed him and "forcefully removed" him from the meetings, charging him with disorderly conduct, each time after he had spoken only for a few seconds. Thornton served as his own attorney.
The actions by the council caused "a chilling effect on plaintiff's free speech, theright to redress grievances, and in addition plaintiff's right to life, liberty and the pursuit of happiness should not be denied by city officials."
In the petition, Thornton said the city officials' decisions had caused him "irreparable humiliation in his character of a positive community role model, whichnow stands destroyed." Among the defendants in Thornton's lawsuit were Mayor Michael Swoboda, city council members, the city attorney, and the police chief.
The following description of the May 18 council meeting was provided in Judge Perry's decision:
On May 18, 2006, Kirkwood’s city council held two public hearings relating to the expansion of two businesses, a funeral home and a senior living facility. During the comment period following the funeral home’s presentation, citizens were given the chance to speak about the issue. Thornton was given permission to speak. Thornton admits that he asked to speak at this hearing (and at the other city council meeting) because he wanted to discuss the perceivedharassment of him by Kirkwood1, not because he wanted to address issues germane to the proceedings. When Thornton approached the podium, he displayed a large posterboard with a picture of a donkey and began making
harassing remarks about the Mayor of Kirkwood. When the mayor asked Thornton if he had any specific questions for the funeral home, Thornton asked a representative of the funeral home if he intended to use asphalt paving equipment for the expansion and then warned the applicant to “be careful” because Kirkwood had a “plantation mentality” that could result in fines and arrest. Thornton was allowed to speak and was not asked to sit down.
Following the senior living center’s presentation, Thornton was again given permission to speak during the comment period of the public hearing. Thornton stated that Kirkwood had a “plantation-like mentality,” that Kirkwood’s government is corrupt, and that the city council members and the mayor have jackass-like qualities. Thornton then asked for a “negro version” of the reasonable time, place, and manner restrictions for the city council meetings. Thornton also told the Mayor that he was “sitting there looking stupid.” The Mayor asked Thornton several times whether he had any specific questions for the senior living center, but Thornton ignored the Mayor and continued to repeat his comments about Kirkwood’s jackass-like qualities and its “plantation mentality.” Because Thornton’s behavior was disruptive and did not comply with the city council’s guidelines, the mayor motioned for a Kirkwood police officer to step forward and asked Thornton to take a seat. When the police officer approached him, Thornton sat down on the floor and refused to leave the podium. Thornton was then arrested by the police officer and subsequently convicted of disorderly conduct in
municipal court. On appeal to the St. Louis County Associate Circuit Court, Thornton was again convicted of disorderly conduct. He appealed his conviction to the Missouri Court of Appeals, where the case is currently pending.
The opinion described the June 15, 2006, City Council meeting as follows:
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Thornton also attended the June 15, 2006 city council meeting and was granted permission to speak during the public comment portion of the meeting. He began his remarks by stating, “Jackass, jackass, jackass . . . .” Thornton also called the Mayor a jackass and stated that Kirkwood had a “plantation-like mentality.” When the Mayor asked Thornton to refrain from such language and to continue his remarks without such disruptive and offensive language, Thornton responded that the corrupt city council offended him and continued his remarks. The Mayor eventually told Thornton that he would have to sit down if he could not refrain from the use of such language and either ask questions or make comments relevant to Kirkwood. One of the council members made an objection to Thornton’s language because it offended her, and the mayor again asked Thornton to refrain from the use of such language or to sit down. Thornton again
refused and became disruptive, so the mayor motioned for a Kirkwood police officer to intervene. When the police officer asked Thornton to take a seat, Thornton refused to stop talking and sat down on the floor by the podium, further disrupting the city council meeting. Thornton was charged with disorderly conduct as a result of his behavior and was later convicted in Kirkwood municipal court. After an appeal to St. Louis County Associate Circuit Court, Thornton was again convicted of disorderly conduct. He appealed his conviction to the Missouri Court of Appeals, where the case is currently pending
Judge Perry ruled that Kirkwood officials' actions did not violate Thornton's free speech rights and had the right to restrict discussion at their meetings to specific topics and to restrict actions taken by Thornton that disrupted the meetings.
1 comment:
The residents of Meachum park have gone on record as stating that the murders were justified by the racism percieved by the killer.
The reality is that the town and media have bent over backward to accomodate the black community. While there are mugshot photos of the killer available from his many arrests in Kirkwood, the city and media have instead not shown these in his depiction. Further, his brother, who also justified the killings, is himself a convicted murderer now out of prison. The town and media could have and should have depicted him for what he is, a murderer himself, by showing his mug shots rather than images chosen by himself.
The residents of the Meachum neighborhood have not been oppressed by outsiders because of their race, but they have managed to paint themselves in an unfavorable light with their justifications. And when their justification is race based, then it is they who are racist. Worse, they just might actually generate some real racist feelings in their neighbors, making them responsible for the self fulfilment of their racist vision.
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