Threats of litigation and warnings about false statements lead to division and tension during Houston City Council meeting

During a special Houston City Council meeting on August 27, an already tense situation involving accusations of threats of litigation, and anger over implied retaliation against statements deemed false or defamatory quickly devolved into raised voices, outbursts, and resulted in no business getting done.

Of particular interest to most of the attendees was an agenda item in which the mayor warning council members not to make disparaging or untrue remarks about the city and other staff and council members. That statement seems to have come on the heels of a letter to cease and desist from the city attorney, Joseph Levesque, against former councilman, Lance, Wilson, last week, after making remarks about a road construction project currently underway in Houston.

“The defamatory statements made by you on Facebook…are without merit and have unnecessarily inflamed some citizens,” the attorney wrote, adding that Wilson stop making further ‘defamatory’ comments on social media, verbally, or other medium, stating the failure to comply will leave no alternative but to take further legal action to protect the reputation of the city.

Wilson later apologized on social media and at the meeting, saying, “Last week, in good faith, I made certain statements on Facebook that I believe were true at the time that I made them. After an extensive review of the city’s 9-Roads Reconstruction plan, and after talking to my brother, a civil engineer, I withdraw on two counts,” he told the council.

The statements made concerned an alleged attempt by the city to seize private property due to road right-of-way infringement without proper notification, negotiation, or compensation, which Wilson later said were “unfounded.”

“I’m sorry, I should not have posted that. I was wrong, and I happily withdraw those statements,” he said. “However, I have other grievances with this city and now I am petitioning my government for a redress of those grievances. They include an infringement of my constitutional rights, including attempts to suppress dissent.” Wilson also listed the harassment of a resident, taking more trees than necessary to complete a road project, and the denial of records requests from a council member.

“I’ve been told to cease and desist under threat of going to court, being called into court. I have constitutional rights, I’m not giving up,” he said, receiving applause from many attendees.

As the mayor, Carter Cole, wrapped up his updates on various projects, and reached the agenda item issuing a warning to council in regards to making false statements about the city and its staff, he said:

“I have a warning to council members…it is really a reminder of our conduct to spare you and the city costs, and I hope you read this and take it that way and not jump to conclusions that we’re somehow trying to deny you your rights. Your rights only go as far as telling the truth.” He said that people can lie if they chose but there would be repercussions to such actions.

“If our council tells whoppers out there, we are liable for those things. You as a citizen, if you cross the wrong person they have civil law to combat that.”

There was frustration and anger that the mayor would make such a statement, with some claiming overreach and impeding on first amendment rights.

“Who is in charge of watching Facebook and deciding who can say what?” asked resident Leslie “I don’t think any of you have the right…to tell me what I can say and can’t say, and certainly threatening to sue us if we say the wrong words is beyond repair.”

Council member Sandy McDonald stepped from the dais during public comments to issue her own statement, saying, “I swore an oath to defend the constitution of the United States and the laws of the state of Alaska and the laws of this city to the best of my ability,” she said. “To each council member-we should be trusted to each have our own opinion and not our own facts. When it comes to the laws of this city, state, and country, we must always uphold them. Do not be threatened into silence.”

She then added that everyone has a first amendment right and should feel safe to speak as such.

Outbursts continued throughout, resulting in Deputy Mayor David Childs, who in his duties as such, is the Sergeant at Arms for the council and the attendees, had to repeatedly call for order and stay on task, and asking for decorum from both the council and the audience and to allow all sides to have the same opportunity to speak.

“Everybody has a right to say whatever they want…but there’s also consequences that come with that. We have to be very careful.” Mayor Cole said the staff should not be made to feel that council members think there is anything “mischievous with the Treasurer’s funds.”

“We’re at a point where you yourself can become liable,” the mayor said, and when asked to clarify that his statement was more of a general protection for the council, not a specific accusation, he said, “not yet.”

“We’ve had some statements that were brought against the city that I had to take action against.”

“What is the definition of a false statement? Is that an opinion, or is that when there’s actual facts to be brought up and someone disagrees with the facts?” asked council woman McDonald, who wanted clarification about what false statements were being referred. When specific examples were not given, Mayor Cole said that when there is an issue amongst themselves, they will hold an executive session.

“We don’t just air things, we actually work those things out.”

During the last round of public comments before ending the meeting, voices became loud as several residents voiced their frustrations with the proceedings.

“The agenda item is derogatory and is an obvious attempt to humiliate another council member because the council member is standing up to the mayor,” said Jim Johansen, who said there is divisiveness on the council, and became increasingly angry when he questioned why the city’s social media page is being used to issue threats before calling the mayor a bully and suggested he should resign.

Any direct statement made by the city of Houston threatening litigation for false statements could not be found on their social media page as of this publication. However, on a post dated August 22, 2024 regarding surveying used to place the control points in a road construction project.

“Anyone saying that The City of Houston is stealing property from property owners will be placed on notice. Any damage to the City of Houston from this false statement will result in compensatory action.”

“Every single one of us is putting our lives and our time into making what we believe to be the best decisions for the city. This is not something that we take lightly,” said councilman Kent Mitchell, who noted that the atmosphere in the room had been very tense and apologized for adding to that.

During council comments, there was a call for continued citizen engagement, keeping open minds and lines of communication, and that council serves at the pleasure of the citizens.

“We sit up here because of you. We answer to you. You have the right to information. We have the right to information and that should not be silenced,” said council member Lisa Johansen during council comments.

Still anger persisted, and additional agenda items, such as introducing an ordinance to amend the FY 23-24 budget, were ultimately postponed until next month.

“Your job is not to threaten us, it’s not to sue us, (and) it’s not shut us up. We are the people that are paying taxes…we shouldn’t be fighting, we should be working towards a goal.”