Eyerolling not to be included in definition of disorderly conduct

Updated from: Mother always said not to roll your eyes

A few weeks ago, Elmhurst IL city officials ejected a citizen from a public meeting for rolling her eyes, which the city council members deemed a disturbance to the meeting. After consulting with the city attorney, the council this week was upset to find out that eye rolling could in no way be considered a disturbance to a public meeting. After the original incident, the council moved to adopt a concrete definition of public disturbance, commissioning their attorney to develop the definition. The council later stated that they never intended to include eye-rolling in the definition. Council member Mark Mulliner told the Elmhurst Press, “I want to make sure the public understands this was not in any way intended to expel people for eye-rolling. It got out there and it was a snowball and comedians loved it.” Apparently the original ejection for eye rolling was just a confusion on the part of the press as well, and had no basis in reality nor gave any cause for worry?

Either way, the newly proposed definition is below:

“The presiding officer shall have the power to specifically prohibit any individual from engaging in the following behavior during any meeting of the council or any of its committees:
1. Conduct in violation of any city ordinance, state or federal law, or any
rule or regulation implementing state or federal law;
2. Interruption of speakers; name calling; boisterous remarks;
3. Offensive use of abusive, obscene, profane, slanderous or threatening
language or gestures;
4. Acting or behaving in such an unreasonable manner so as to alarm or
disturb another and to provoke a breach of the peace; and
5. Any other act designed to intimidate, threaten or harm persons, or
damage or destroy property.

The presiding officer has the power to require individuals who have engaged in the above-listed prohibited behavior to leave the meeting, or to order the removal of such an offender. The offender has no right to appeal from such an order of the presiding officer; however, such an order may be appealed by a member of the council, or a committee member, as applicable, present at the meeting. Any ruling by the presiding officer may be overruled by a majority of the members present at such council or committee meeting.”

To read more please see, City attorney says eye-rolling not grounds for meeting ejection

~Joshua Meyer
Editor of WikiFOIA

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