The free speech issues debates that ensued during the dark days of Covid public policy are still playing out. But a legal dispute from that era between Petersburg Police Chief Jim Kerr and the Petersburg Borough ended this month with a $70,000 out-of-court settlement.
The case that centered on free speech rights during the Covid-19 pandemic is reflective of many around the country in which those who opposed mask and vaccine mandates suffered retaliatory actions. Opposition to mandates often drew intense public criticism, including doxxing or harassment. Anti-mask protesters were labeled as “anti-science” or “selfish,” leading to personal attacks and heated public debates in the Anchorage Assembly meetings.
In Petersburg, the lawsuit stemmed from Kerr’s testimony during a fall borough Assembly meeting on Nov. 17, 2021, when he spoke against the proposed mask mandate. He testified as a private citizen, he said, about how mask mandates would be hard to enforce. After he testified, Kerr experienced what he perceived to be retaliatory behavior from two Assembly members — Jeff Meucci and David Kensinger — both now former Assembly members. He lodged a complaint that the two harassed him.
Soon, Borough Manager Steve Giesbrecht ordered Kerr to submit any future public statements to him for prior review, citing concerns that the police chief’s comments could be mistaken for official borough policy, since he was also an officer of the law.
Kerr filed a lawsuit in state court, arguing that the borough had violated his First Amendment rights, defamed him, and portrayed him in a false light. By 2023, the case was moved to federal court to deal with the constitutional issues. Most of his claims were dismissed by District Judge Sharon Gleason, who determined that a jury trial would be necessary to decide the remaining free speech issue, unless both sides reached a settlement.
In June, the parties entered mediation and reached an agreement: The borough agreed to pay Kerr $70,000, and the case was formally dismissed in court on July 2.
The borough later issued a statement saying the settlement was in the best interest of the community and that both parties agreed to move forward without further public comment. The details of the settlement beyond the payment amount were not disclosed.
“The parties have mutually agreed to amicably resolve the litigation filed by Police Chief Jim Kerr against the Petersburg Borough and Borough Manager Steve Giesbrecht for the sum of $70,000, paid by the Borough’s risk pool insurer. Like most settlements, both parties made concessions to reach a mutually satisfactory compromise. The parties understand it is important for borough officials to work together in a positive and forward direction to provide efficient governmental services for Petersburg. The parties feel this resolution is in the best interest of the public and the appropriate decision to enable the parties to return to the business of government. The parties have agreed that they will not issue or make any further public statements on this matter, as they wish to move beyond these matters, which have been fully and finally resolved,” the press release states.
Chief Kerr, who has been with the department since 2013 and who has been police chief since 2018, remains in his role as chief, although the incident will have undoubtedly strained relationships in city government.
Good for him for standing his ground. We can only pray we’ll never fall victim again to such a scam that was the Covid scare.