County asks lawsuit be dismissed
By Greg Pearson

A federal judge will be asked next week to dismiss a $2.6 million lawsuit against the Chesterfield Planning Commission for removing a county resident from the meeting room during a public hearing. Bob Steinburg, the former president of the Old Gun Civic Association who now resides in North Carolina, refused to confine his remarks to the issue before the planning commission and instead spoke about abandoned coalmines in Tarrington.

At the October 18 meeting, Steinburg argued with Chairman Sherman Litton and Midlothian Planning Commissioner Dan Gecker and then refused to sit down when instructed to do so by a Chesterfield County police officer. The officer arrested Steinburg for disorderly conduct, a Class I misdemeanor. He was then handcuffed and taken to a magistrate. At a court hearing on December 14, the county attorney's office dropped the charge.

"The actions of the [planning commission] chairman were entirely appropriate," said County Attorney Steve Micas. If the county prevails on July 25 "because of a qualified immunity defense, the case will be dismissed."

"There is no qualified immunity, and the commission violated Mr. Steinburg's rights," responded Jim Thorsen, Steinburg's attorney. Asked how the $2.6 million figure was arrived at, he replied, "That's my figure. It could go higher."

In his civil suit, Thorsen wrote that Steinburg "...suffered extreme humiliation, embarrassment, fear, emotional upset and physical pain and suffering because of his very public arrest and the extensive public televised broadcast of the commission hearing...and the reporting of the same in numerous local newspapers..."

The rezoning for 725 upscale homes in Tarrington was approved by the Chesterfield board in May 2002. But later, the Tarrington developer wanted to orient the garage doors of some residences differently from an earlier plan. The public

hearing at the commission meeting was held to decide whether to defer that decision.

At the time, the commission's Code of Conduct prohibited speakers from engaging "in personal attacks" or addressing "matters not on the commission's agenda." Two months later, the Virginia Supreme Court ruled against prohibiting personal attacks, saying it infringed on free speech. As a result, the commission changed its guidelines, and personal attacks are permitted during public hearings and comment periods now scheduled during commission meetings.

Thorsen wants "vindication of [Steinburg's] first amendment rights" while the county points to the commission's written procedures. A trial is scheduled for October 10. Thorsen is seeking a jury trial.

Planning commission meetings are broadcast live over Comcast channel 17 and rerun on later dates. There is a taped recording of the disagreement, and that tape may be introduced into evidence if a trial is held.