A former Chesterfield resident's free-speech case against the county's Planning Commission may be bound for the U.S. Supreme Court.

A petition sent to the court and the county by mail Monday asks that the Supreme Court consider the case of Robert C. Steinburg, who was ejected from a Chesterfield Planning Commission meeting in 2005 after criticizing individual commissioners for their treatment of speakers.

The 4th U.S. Circuit Court of Appeals in May upheld the dismissal of the case by U.S. District Judge Robert E. Payne in February 2007.

The appeal seeks reversal of that decision and clarification on the extent of free-speech that is allowed in a limited public forum, asking if content-based limitations are appropriate, says James B. Thorsen, Steinburg's Richmond-based attorney.

Thorsen said that a favorable ruling would declare personal attacks bans by local government -- like the one in effect at the time of the incident in Chesterfield -- as unconstitutional.

The catalyst for the initial complaint, filed in April 2006, was Steinburg's forced removal from the Oct. 18, 2005 meeting during a public comment period on the deferral of a zoning issue related to a subdivision's garage door policy.

Steinburg, the third speaker, questioned commissioners' treatment of two previous speakers who had expressed concerns about the development being built atop land once mined for coal.

The previous speakers were reminded by the commission's chairman that the topic at hand was the deferral rather than the details of the case. But Steinburg objected to what he perceived as belittling treatment by certain panel members on an important topic.

A heated exchange with then-commissioner Daniel A. Gecker -- now a county supervisor -- ensued and Steinburg was cut off and removed for making a personal attack, which was prohibited in the panel's code of conduct.

Steinburg was arrested for disorderly conduct, through the charge was later dropped.

Soon after Steinburg filed suit, the commission lifted the personal attacks language from its code and the county's Board of Supervisors followed suit.

The 4th Circuit's decision to uphold the dismissal of the case opens the door for Chesterfield and other localities to reinstitute or impose the personal attacks prohibition, Thorsen says.

The Rutherford Institute, a Charlottesville-based civil liberties organization, has agreed to serve as co-counsel.

Chesterfield County Attorney Steven L. Micas was not immediately available for comment.

The county has 30 days from the time the petition is received to respond. The Supreme Court will typically decide whether or not to hear the case within 30 to 90 days after that.

This year, Chesterfield began instituting 15-minute public comment periods at the beginning and end of all public meetings for citizens to speak on any issues not on the agenda.

Contact Wesley P. Hester at (804) 649-6976 or
whester@timesdispatch.com.