Town council's ban on talk of Wal-Mart draws protest from ACLU

YELM, Wash. (AP) _ The town council barred residents from mentioning Wal-Mart at meetings, prompting a challenge by civil libertarians who said a ``free and accountable'' government depends on

Friday, July 8th 2005, 12:28 pm

By: News On 6

YELM, Wash. (AP) _ The town council barred residents from mentioning Wal-Mart at meetings, prompting a challenge by civil libertarians who said a ``free and accountable'' government depends on a citizen's ability to voice concerns openly.

The retailing giant has an application pending to build a superstore, spurring controversy in the small town about 15 miles southeast of Olympia.

In a letter to the council, American Civil Liberties Union lawyer Aaron H. Caplan said his group believes it is unconstitutional to ban any mention of Wal-Mart at council meetings. The term ``big-box stores'' also is banned, as is ``moratorium.''

The ban began because council members were fed up with complaints about the proposed superstore and related demands for a moratorium on big-box stores, municipal attorney Brent Dille said. He said officials also didn't want to appear biased if the council ever hears appeals in the matter.

``It's the council's meeting. They can decide what they want to hear and what they're tired of hearing,'' Dille said. ``You can understand if you're barraged for two months at meetings _ the same people saying the same thing.''

The policy has been increasingly restrictive over the past five months. No one who signs up to speak at a council meeting about big-box stores, much less Wal-Mart, is allowed to talk, and anyone who mentions either is told to sit down.

``They just stop you short in your tracks,'' said Kellie Petersen, who owns a gardening store in town. Petersen is one of several people who have spoken up despite the restrictions.

``My issue was about traffic concerns. I knew enough to use the word 'Wal-Mart' at the very end, so I wouldn't be told to sit down,'' she said.

The letter from Caplan, who is based in Seattle, said, ``The ability of citizens to state their views about matters of public concern is one of the cornerstones of a free and accountable government.''

Mayor Adam Rivas said he does not expect the ACLU protest to spark any policy changes and doesn't plan to respond to the letter.

``We don't answer to the ACLU,'' Rivas said.

The ACLU does not plan to sue over the issue, spokesman Doug Honig said.

A call to national Wal-Mart headquarters seeking comment was referred to local store officials, who didn't immediately return a call.