The ACLU of Alaska filed suit on behalf of three Homer City Council members who faced recall based on their proper excercise of the First Amendment right to speak out on public policy issues.
The plaintiffs, three Homer City Council members, were subject to a recall election based on allegations that they are unfit for office and committed misconduct in office. The basis for these claims by the recall's sponsors were that Plaintiffs prepared, distributed, and promoted two resolutions, perceived to be politically controversial, which violated Plaintiffs' oaths of office and caused the City of Homer financial loss. The Homer City Clerk determined that the sponsors' Statement of Recall contained two legally sufficient grounds for recall, and Defendant scheduled a special recall election for June 13, 2017.
