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Esteemed South Bend Common Council Parliamentarian Attorney Bob Palmer & the Honorable South Bend Common Council President Sharon McBride,
(and for the attention of the Media)
Is it not the right of the South Bend residents to expect uniformity in the application of legal standards? On the occasion of Monday, April 22nd, 2024, my allocated time for speech under the Privilege of the Floor protocol was again interrupted by South Bend Common Council President McBride and sanctioned by South Bend Common Council Parliamentarian Palmer. Within mere seconds of commencing my prepared statement, as evidenced in the linked video, South Bend Common Council President McBride interjected with the query, “Mr. Foster, can I ask a question? Does this relate to City Council Business?” In response, I endeavored to clarify that the relevance to “City Council Business” would have become apparent had I been allowed to proceed with my speech uninterrupted. Following this, South Bend Common Council President McBride sought to invoke “Under Indiana Code regarding privilege of the floor…” to which South Bend Common Council Parliamentarian Palmer intervened, correcting the interpretation by stating, “Actually, it’s the South Bend City Municipal Code Section 2-12 uh, 13 Privilege of the Floor: Individuals may address only issues over which the City has jurisdiction.” I kindly request a compilation of instances where this specific rule has been consistently enforced. It is within my capacity to point out numerous cases in which the South Bend Common Council President permitted discussions on topics evidently beyond “issues over which the City has jurisdiction.” For instance, as per the official minutes from the South Bend Common Council meeting on December 11th, 2024, five individuals were allowed the floor to petition the South Bend Common Council for support of a “Gaza Cease-Fire Resolution.” It stands to reason, does it not, that a “Gaza Cease-Fire Resolution” falls outside the bounds of an “issue over which the City has jurisdiction?” Despite this, after the initial speakers, no reference was made to the municipal code to halt their proceedings. Further, in the gatherings on February 26, 2024, and March 25, 2024, an attendee was permitted to recite biblical passages, specifically “Read Matthew chapter 5 (5), verse thirty-seven (37).” “Read from one (1) Thessalonians chapter 5 (5) starting at verse one (1).” It remains unclear which “issue over which the City has jurisdiction” was represented in these instances of privilege of the floor usage.
The right to address the South Bend Common Council during the Privilege of the Floor or during other public hearings within the South Bend Common Council is not confined to residents of South Bend who financially donate to, support, and/or comments align with the positions of the South Bend Common Council Chair, the South Bend Common Council President, or the South Bend Common Council Parliamentarian; it extends to every participant. The essence of free speech encompasses the tolerance of dissenting and uncomfortable views. Without universal access to this freedom, nobody truly possesses it.
It is impermissible to subject residents of South Bend to disparate treatment based on divergent viewpoints, ethnic backgrounds, age groups, genders, or disabilities. Consider the implications of a scenario where an individual resembling myself impedes the discourse of another resembling the South Bend Common Council President—would accusations of racism arise? Similarly, if a younger individual suppresses the voice of an elder, akin to the age of the South Bend Common President, does this not constitute ageism? And in circumstances where a male South Bend Common Council President silences a female orator, would we not label it sexism? Equally, when the current South Bend Common Council President restricts the speech of an individual affected by childhood stroke-induced disabilities, is this not a clear case of ableism? Racism, ageism, sexism, and ableism—no form of discrimination should find shelter within our governance structures within the City of South Bend, Indiana. The legislative body is mandated to safeguard the interests of the community members, not to serve the agenda of South Bend Mayor James Mueller's Office, significant political financiers, or elite circles.
The instances cited illustrate that the South Bend Common Council President permits expressions that resonate with her views, inadvertently violating the municipal codes referenced by herself and South Bend Common Council Parliamentarian Palmer. This elucidates a lack of impartiality and equity by the legislative authorities towards constituents wishing to voice their opinions publicly.
It is crucial for public servants and office bearers to be receptive not just to constructive critique and enlightenment but also to commendations. A failure to embody this principle jeopardizes the very foundation of our democracy.
Everyone is respectfully reminded everyone of the South Bend City Council’s Mission Statement: To make certain that our City Government is always responsive to the needs of our residents & that the betterment of South Bend is always our highest priority. As you have read this letter, you can see how the South Bend Common Council has not carried out, enacted, or fulfilled its mission statement fairly or equitably when it comes to disseminating the rules for the Privilege of the Floor during South Bend Common Council Meetings.
In light of the MEDIA HARASSMENT INCIDENTS unfolding, it is imperative to underline the occurrences dated April 8th, 2024, and subsequent events. On the mentioned date, South Bend City Clerk Bianca Tirado, targeted Redress South Bend, compelling relocation of our camera equipment from its longstanding position adjacent to the clerk's assistant desk—an area historically occupied by WNDU, ABC57, WSBT, and various independent media representatives. It's noteworthy that South Bend Common Council Clerk Bianca Tirado's objection surfaced singularly in response to Redress South Bend's usage of the space. Upon her insistence, we conceded to her demands, relocating to an alternate yet equally established media location in the front row. The situation escalated on April 22, 2024, when South Bend Councilman Troy Warner (District 4) intervened, insisting on a further relocation and implying a prohibition of our presence in said location. This chain of actions, instigated first by South Bend Common Council City Clerk Tirado and subsequently echoed by South Bend City Councilman Troy Warner (District 4), constitutes a clear pattern of targeted harassment against a local media entity. It is verifiable—and can be corroborated by the local media entities CC'd in this email—that the disputed locations have been utilized for filming purposes across several years without previous objection. Similar tactics were employed by South Bend Mayor James Mueller’s office staff member Breana Micou, who sought to restrict Redress South Bend’s coverage of public events, including the last Mayor’s Night Out at Ivy Tech and public meetings concerning the New Day Intake Center. This documented communication serves as a formal acknowledgment of the pattern of harassment faced, emphasizing our stance that such treatment towards the media will no longer be endured. We ask the municipal government to please cease all harassing and retaliatory behavior immediately towards Redress and to those who share differences of opinion within the guidelines of the South Bend Common Council’s rules and obligations as it relates to speaking during the Privilege of the Floor. We will continue to document instances of harassment and reprisal from the governing body, and continue to move forward in our quest for fairness, equality, and respect as it pertains to the Privilege of the Floor during the South Bend Common Council meetings.
Thank you for reading this letter, and I look forward to your response.
Respectfully Submitted,
Logan Foster
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