By Lev D. Zilbermints
It seems like the standoff between the Newark residents and their City Council will never end.
On March 15, Shakima K. Thomas spoke to the City Council. During her five-minute speech, Ms. Thomas specifically named West Ward Councilman Dupre Kelly, as the person who came to her cousin’s funeral on February 18. Ms. Thomas told “Local Talk” that Councilman Kelly arrived uninvited. He then proceeded to make a video of himself at the funeral. This, Ms. Thomas said, was disrespectful, given that Mr. Kelly did not know her cousin.
According to an email from Kecia Daniels, the Acting Clerk, Ms. Thomas told Mr. Kelly at the March 15 meeting, “So, you better check your meter, in my city. Otherwise, you’re going to F-around and find out. … My son wants you to know that the next time he sees you where you do not belong, he is going to give you a proper red nose. …”
According to Municipal Council Rule XVIII: MANNER OF ADDRESSING THE MUNICIPAL COUNCIL, “A speaker must at all times conduct himself (herself) in a manner which avoids disorderly conduct or behavior, not make comments that are excessively loud, disruptive, obscene or otherwise in violation of applicable law, or make statements directed at Council Members or City Officials that are defamatory or malicious.”
“Citizen participation is the center of effective government operations; however, in this climate we have to take the proper precautions to protect our elected officials from threats and/or harassment. Please be guided accordingly. Thank you.”
Based on this, an exclusion letter was issued against Ms. Thomas. The Exclusion Letter is dated April 18. It is signed by Kecia Daniels, the Acting City Clerk. The letter does not say how long the exclusion from City Council meetings will last.
Cease and Desist Order
The following day, April 19, Ms. Thomas filed a cease-and-desist request against West Ward Councilman Dupre Kelly, Deputy City Clerk Abraham Negron, Acting City Clerk Kecia Daniels, Council President LaMonica McIver and Corporate Counsel Kenyatta Stewart.
According to the Cease-and Desist Request, “You are hereby notified to CEASE and DESIST any and all further unlawful defamation, slander and/or libel relating to the incidents which occurred on 3/20/2023 and 04/19/2023 in which the following defamation, slander and/or libel occurred:
“Councilman Kelly deliberately misconstrued my speech made at a City Council meeting on March 15, 2023 so that he can file a false harassment complaint against me and exclude me from exercising free speech at any subsequent City Council meetings beginning April 19, 2023. With malice intent, Councilman Kelly highlighted and used specific portions of my speech while failing to provide the entire context of my speech.
“You are hereby requested to immediately CEASE and DESIST the illegal defamation, slander and/or libel and within ten (10) business days and return the signed written assurance below affirming that you will refrain from any further acts of said defamation, slander and/or libel with regards to my character and/or reputation.
“Failure to comply with this cease and desist request, and/or return the signed assurance within the stipulated time, will leave me no signed alternative but to pursue any and all available legal and equitable remedies available to protect my character and/or reputation.”
“Local Talk” was present at the March 15, 2023 Council meeting. Thus, it is true that the phrases that Ms. Thomas said were within a certain context of a much larger speech.
Why was Ms. Thomas at the March 15 Council Meeting?
In order to understand why Ms. Thomas came to the March 15 Council meeting, some background is in order. The previous month, February 18, 2023, Councilman Kelly showed up uninvited at the funeral of Ms. Thomas’s cousin. Councilman Kelly proceeded to make a video of himself. Ms. Kelly told “Local Talk” and provided photographic proof of Councilman Kelly’s municipal car parked in a disabled person’s parking space that belonged to her mother.
According to Ms. Thomas, her father asked the Councilman to move his car. Eventually the Councilman did move his car.
On March 20, Councilman Kelly arrived at the residence of Shakima Thomas. One of the three men accompanying him was a police officer. When Thomas’s eight-year-old son opened the door, Mr. Kelly told him, “I am the Councilman!” The boy told Councilman Kelly and his companions to leave.
According to Ms. Thomas, the Councilman did drive his car erratically. Ms. Thomas alleges that Councilman Kelly put the lives of Newarkers in danger with his erratic driving on February 18.
Ms. Kelly provided “Local Talk” with photographs that allegedly show Mr. Kelly’s car was parked in a handicapped spot belonging to her mother. Another photo allegedly shows tire marks on the lawn. These were allegedly made by Mr. Kelly’s car.
These were the circumstances that made Ms. Shakima Thomas speak out at the March 15, 2023 Municipal Council meeting.
Other critics of the City Council also excluded
Ms. Thomas is certainly not the first or the last critic that was excluded from Newark City Council meetings. In the past, “Local Talk” covered how the Council excluded Munirah El-Bomani from City Council meetings. Other critics were also excluded at various times. The common pattern appears to be that critics often call out certain members of the City Council by name for not doing certain things. As was cited by Council Rule XVIII, this is not allowed.
Councilman Kelly never responded
“Local Talk” reached out to Sabur Guy, Councilman Kelly’s assistant, with a request to give Mr. Kelly’s side of the story. However, Councilman Kelly refused to respond.
Court case possible
It is not clear if the individuals named in Ms. Thomas’s Cease and Desist request will sign the proposed agreement. If they fail to do so by April 29, Ms. Thomas will take it to court. How that will play out is anyone’s guess.
“Local Talk” will keep its readers informed of any new developments.
