Activist and vocal critic of the administration Rob Cote, who was escorted from the July 17 Council meeting after barely uttering two sentences, may get the last word after all.

On Monday, the American Civil Liberties Rhode Island Foundation filed suit in Rhode Island Superior Court asking the court to find that Ward 6 Councilwoman Donna Travis, who as Council President pro tem in the absence of Council President Steve, violated Cote’s First Amendment rights. As none of the council members present questioned Travis’ action, they too are named defendants. The suit also claims Cote “was deprived of his right to petition the Council for redress of grievances.”

Additionally, the court is asked to declare that the council’s “unwritten practice of preventing members of the public from making comments critical of individual public officials during the public comment segment of City Council meetings is unconstitutional.”

Under Council Rule 41, the public is granted a half hour to make remarks to the council. No one person is permitted more than five minutes and the council is not to answer questions or to engage with speakers.

Cote does not seek specific monetary relief in the suit although the complaint asks an “award of nominal damages against all Defendants, except Stephen McAllister, in their official capacity, and compensatory and punitive damages against Travis, in her individual capacity, for violation of his constitutional rights,” as well as reasonable attorney fees.

Fueling Travis’ actions came during the public comment portion of the meeting when Cote stepped to the microphone and held up a copy of the Providence Journal with a front page headline story on her and her husband’s acquisition of a lot adjoining theirs from the Oakland Beach Real Estate Association with a quit claim deed.  The Travises have maintained the property and paid property taxes. Donna Travis says the OBREO approved the sale. The association says otherwise and has brought suit against the Travises.

On July 17 Cote held up the newspaper for the council to see and congratulated Travis for putting Warwick in the spotlight.  He didn’t get to say much more. Charging that Cote was bringing up a personal matter which is discouraged under council rules, she instructed a police officer in attendance to escort Cote from the chambers.

Cote, Travis and McAllister deferred comments to their legal representatives.  Mayor Frank Picozzi believes the cost of defending the city, and any judgement or settlement, would be covered by insurance.