Kane County backs down on ‘First Amendment area’ at county building

Editor’s note: This article has been corrected with the date for the executive committee meeting.

Kane County officials have backed down on having a “First Amendment area” outside the county government center in Geneva after local Republicans complained the idea was an attempt to “silence dissent and limit public discourse.”

The controversy started Monday when people were passing out flyers at the entrance to the main building. The flyers criticize Kane County Board Chairman Corinne Pierog, a Democrat, and urge people to vote for her opponent, Republican Lance Bell, in November.

Kane County GOP Chairman Andro Lerario says residents distributing the flyers were asked to stop after Pierog picked up one of the handouts.

Within 24 hours, the First Amendment area was created in a spot away from the entrance to the building, according to Lerario.

“We, along with many others, view this as an unconstitutional attempt to silence dissent and limit public discourse,” Lerario said in an email Wednesday.

On Wednesday, Pierog told the Kane County Chronicle that the First Amendment area was not far from the front door.

“When people want to come in … they are not there at the county to chitchat with people,” Pierog said. “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.”

On Thursday, Pierog told a Daily Herald reporter that her concern was safety.

Pierog referred to a June incident when people were near the door where residents were entering to pay their taxes. She said cars were scooting around them and honking their horns.

“My concern was safety,” she said. “I didn't want anyone to get hurt.”

However, Kane County State’s Attorney Jamie Mosser, a fellow Democrat, found out about the decision when a resident called her office on Wednesday to complain.

Mosser says she convinced Pierog that violations should not be prosecuted for now.

“I do not personally believe in implementing First Amendment zones or attempting to restrict First Amendment speech in any way,” Mosser said in a statement released Wednesday.

On Thursday, Mosser said it would be up to Sheriff Ron Hain, who handles security at county buildings, to recommend whether an area should be made off-limits to speeches, picketing, and leafleting.

Hain, meanwhile, said a decision would be up to the Kane County Board.

Hain said there was no evidence that the people handing out the campaign literature were rowdy or blocking people. Nobody called 911 or complained to his office, he said. In addition, Hain said the county’s facilities director told him a surveillance video showed “one or two elderly, polite people” handing out flyers.

Lerario said on Thursday that he was pleased the First Amendment area was gone. “There was never, never, never anybody harassing anybody,” he said.

Mosser, Hain, the facilities director, and county board member Dale Berman met Thursday to discuss the situation. They agreed to take the issue to the county board's executive committee on Sept. 4 to see if board members want a speech zone.

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

Meanwhile, Fred Dennis of Geneva was handing out flyers on Thursday. He said there were no problems.

Dennis welcomed people as they entered the building. Holding out a flyer, he said, “You might be interested in some information about Kane County and politics.” He also held the door open for people.

˖ Shaw Local News Network contributed to this report