WILMINGTON, Ohio — Two men in Wilmington have been awarded nearly $300,000 in a settlement after city officials threw them out of a city council meeting and had them arrested.
Darrell Petrey and Tony Thomas filed a federal lawsuit in August 2023 saying the city violated their right to protected free speech.
On Dec. 20, Petrey and Thomas settled with the city and were awarded $297,500.
“You know I think the irony in this case is that when you take an action to essentially silence criticism is the backfire," said Matt Miller-Novak, attorney for Petrey and Thomas. “When you punish people to silence them and the result is a louder megaphone that’s a lot of justice."
Petrey and Thomas had sued the city, Chief Ronald Fithen and former Council President Mark McKay, who ran the meeting in April.
The suit also claims the two men were victims of "false arrest" and "malicious prosecution" after Wilmington police charged them with disrupting a public meeting on April 20.
“I was beyond shocked," Thomas said.
“I knew they wanted to silence us. I just didn’t think they were going to go to that extreme." Petrey said.
The misdemeanor charges were dismissed in July, according to Clinton County court records.
"I'm 52 years old exercising my rights and I get arrested for it," Thomas previously told WCPO 9. "That's scary."
Before the council meeting, Petrey and Thomas had publicly criticized public officials — particularly then-Mayor John Stanforth and the police department — for months on social media, group emails and public meetings, WCPO's I-Team found.
But they weren't arrested until the meeting in April, which was two weeks before an election, according to the lawsuit. Stanforth, who previously declined to comment on the arrests, lost the election.
Petrey and Thomas have accused Stanforth and other city officials of wasting taxpayer's money and other issues.
They've repeatedly criticized the Wilmington Police Department's investigation of Casey Pitzer's death in 2013.
Pitzer's body was found in a retention pond a week after she was reported missing, according to news reports. An autopsy determined Pitzer, 32, drowned, according to police records.
But Petrey, Thomas and Pitzer's father — Greg Pitzer — believe she was killed.
No one has been charged in her death.
Greg Pitzer sued the city trying to force city officials to provide additional records.
Last month, a judge ordered the City to release more records to Greg Pitzer.
During the council meeting on April 20, Petrey told Stanforth he had "aided in the whitewashing of two murders."
Stanforth did not respond to Petrey's comment.
Petrey and Thomas said their frustration with how the City handled the Pitzer case prompted them to share their concerns about other issues.
The two men plan to use some of their settlement money to help the Pitzer family.
“Honestly, I would have liked to seen this go through court and seeing kind of the whole story drag out through court. But, I think what it does now is it kinda gives us a little financial firepower to go back at them with like hiring investigators and hiring a legal team for the Pitzer family," Petrey said.
They both said this case sends a clear message to local governments.
“I hope it lets them know we’re watching them and we will be there to hold them accountable," Petrey said.
“I hope it would one make them think twice, so easily stripping people of their rights," Thomas said.
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