Kane GOP outraged at ‘First Amendment Area’ at county building

A First Amendment brouhaha is brewing at the Kane County Government Center, with the GOP accusing Board Chair Corinne Pierog of violating their free speech rights by creating a “First Amendment Area” away from the main building’s front door.

In an email, Kane County GOP Chairman Andro Lerario said that on Monday, Aug. 26, citizens distributing flyers outside the government building were asked to stop after Pierog “took issue with the content of the flyers.”

The two-sided flyers were campaign pieces against Pierog and urged support for Lance Bell, her Republican challenger in the Nov. 5 general election.

Pierog, a Democrat, is seeking a second term.

“This blatant restriction of First Amendment rights has sparked outrage among local leaders and citizens,” according to Lerario’s email. “We, along with many others, view this as an unconstitutional attempt to silence dissent and limit public discourse.”

Pierog said the First Amendment Area is at the northwest corner of the building where the Treasurer’s Office is located, not far from the front door of the Government Center.

The issue, Pierog said, was not the flyers that were being handed out, but that those handing them out were interrupting the flow of people coming in for county business.

“Logistically, it was the safest, closest location we could give them,” Pieorg said. “It’s the appropriate location for this to be.”

Lerario said the doors were never blocked.

“People moved freely. I’ve never in my life seen a specific sign telling people where to stand to exercise the 1st Amendment Right. The same rights that protect you and your job,” he said in an email.

John Frank, chief of the Kane County Civil Division, approved the creation of the First Amendment Area, she said.

Frank did not immediately respond to an email seeking comment.

But in an email, State’s Attorney Jamie Mosser wrote that she does not favor free speech zones or restricting freedom of speech in any way.

“My office represents the County and provides them with legal analysis when requested. That legal advice is subject to attorney-client privilege, and it never includes any formal policy recommendation,” according to Mosser’s email. “How the county implements my legal analysis is a matter of policy in which I have no say. Upon my intervention today, I was able to get an agreement that no free speech zone will be enforced until this matter can be reviewed fully by the County Board.”

Mosser wrote that a First Amendment zone may be legally done and, ultimately, this was the decision of the county to be implemented in this way.

“I do not personally believe in implementing First Amendment zones or attempting to restrict First Amendment speech in any way,” Mosser said in the email.

Pierog defended the Free Speech area.

“When people want to come in...they are not there at the county to chitchat with people,” Pierog said. “They’re there to pay thousands of dollars in taxes or get a permit for a new home...The last thing they want is to be confronted by someone with a pamphlet and engage in conversation. What they want to do is get in and get out.”

Pierog dismissed the GOP criticism as politically motivated.

“This is a fabricated story from people who are politicking in front of the county building in support of their candidate,” Pierog said. “It very clearly says, ‘Vote for Lance Bell.’ It says it’s ‘Paid for by Grassroots for Kane County’ but it does not exist.”

Grassroots for Kane County is not registered with the Illinois Board of Elections, according to its website.

“It’s a rogue organization handing out a flyer with incorrect facts and trying to persuade people not to vote for the current chair and to vote for their candidate,” Pierog said.

And, she said, they spelled her name wrong.

In any case, Pierog said the issue is going to be discussed and settled Thursday between the State’s Attorney, Kane County Sheriff Ron Hain and Executive Director of Information Technologies and Building Management Roger Fahenstock.

Bell said he has not seen the flyer and is not associated with it.

Bell said three months ago, he was handing out flyers in front of the county building for about 90 minutes.

“People were flowing in and out freely without hinderance,” Bell said.

Andrew Sosnowski, a Republican who is challenging Democrat Jamie Mosser in the race for Kane County State’s Attorney, said he didn’t know how this First Amendment area was set up.

“Is this a safety zone to protect citizens or is this truly to limit speech?” Sosnowski said. “Anything meant to limit speech that is protected is wrong.”