Property owner barred from speaking at council meeting

FORT MADISON - A property owner who had threatened to sue the city over code issues associated with rehabilitation projects in the city was banned from speaking at Tuesday's City Council meeting.

Sean Rogers got up to speak at the City Council's regular meeting and was told by Mayor Matt Mohrfeld that he wouldn't be allowed to speak at the meeting.

Mohrfeld said the public comment section of the meeting is at the mayor's discretion. He was also not allowing Rogers to speak under guidance from City Attorney Pat O'Connell.

Rogers asked what statute the Mayor was invoking to disallow him to speak and Mohrfeld told him since he threatened a lawsuit at the previous meeting, counsel had advised him to not allow any further discussion.

Rogers owns Happyland Properties, LLC and is a developer who lives in Burlington, and has been unhappy with nuisance letters he's been receiving from the city.

After Tuesday's meeting, Mohrfeld said the city is under no obligation to allow comment under the comment section, but prefers to allow the conversation as long as it doesn't become litigious.

"No. 1, those public comment sections are 100% optional," Mohrfeld said. "We don't have to allow discussion, and No. 2, if there is a threat of pending litigation, we are advised to not have the discussion. That protect us and it protects him."

Rogers told the council last week he'd invested close to $1.5 million in the city but has been harassed with nuisance letters. He told the council then that he planned to "create chaos" with multiple lawsuits.

According to Iowa Code, the public has the right to attend public meetings but there are no guarantees that you are allowed to speak at those meetings.

Rogers is the first person in more than six years that's been banned from speaking during the public comment section of a city council meeting.