A Superior Court judge has ruled in favor of the city of Homer in a case aimed at stopping the upcoming recall election on the grounds that it violated the freedom of speech rights of the three council members facing the recall vote.

In a ruling issued late Tuesday, Superior Court Judge Erin Marston wrote that the recall petitions were legally sufficient and disagreed with the defendants' stance that the petition violated the council members' First Amendment right to freedom of speech. Marston said the Alaska Constitution provides that all publicly elected officials be subject to recall and guards against any barriers that would make it impossible for a citizen to bring forth that recall petition, such as rulings that would make it necessary for legal counsel to assist with the petition process.

"To conclude that anytime a recall petition is based in part or in whole on what a politician said is protected by the First Amendment would be to eviscerate the recall statute to such an extent that the populace would almost never be able to seek recall of any of their elected officials," the ruling stated. "It is not what the Alaska Constitution and statutes contemplate and it is an unreasonable interpretation of the law."

The case, in which the Alaska Civil Liberties Union of Alaska participated, circled around a recall petition filed after three city council members — Donna Aderhold, David Lewis and Catriona Reynolds — who introduced a resolution 17-O19, which called for the city to support inclusivity of all people, especially those of minority populations. It was voted down 5-1 with Reynolds casting the sole vote in favor.

The resolution started out in draft form as a "sanctuary city" resolution, calling for the city to resist efforts to profile undocumented immigrants and other vulnerable populations. It was then edited to remove explicit references to undocumented immigrants as well as references to President Donald Trump, but not before it was circulated on social media sites, drawing an explosive response from those who opposed the resolution, especially in its draft form.

The petition for recall was requested shortly after the vote, and included reference to Resolution 16-121, which expressed support for the Standing Rock Sioux Tribe and opposition to the construction of the Dakota Access Pipeline, which was introduced by Lewis in November. Aderhold, Lewis and Reynolds voted in favor of that resolution, and the council adopted it when Mayor Bryan Zak broke the 3-3 tie in favor.

The recall petition was circulated and quickly returned within the necessary timeframe to meet a deadline pertaining to the length of time before a regular election that a recall petition can be held. Lewis and Reynolds are up for re-election in October — Lewis has said he will not seek re-election. The Homer City Clerk Jo Johnson ruled two of the three claims of the petition had substance and certified the petition, setting a recall election date of June 13.

The defendants claimed in their legal case that one of the claims, of "misconduct in office" should be equated with criminal conduct, but the court disagreed, saying that would deny the voters' right to effectively seek recall of their elected officials and would not be a "liberal construction" of the statute.

Marston further ruled that it was not the court's place to second-guess the clerk's reasonable interpretation.

"The Supreme Court has instructed courts to not review recall petitions in such a strict manner that petitioners would have no practical chance of qualifying for the ballot without the detailed advice of a lawyer," he wrote. "To do so would negate the recall process for citizens of small communities and school districts in rural Alaska."

In a statement released Tuesday afternoon, Sarah Vance, spokesperson for Heartbeat of Homer, a group organized to support the recall petitions, said the organization is very pleased with the ruling.

"It is our goal that every voter in Homer have an equal voice at the ballot box regarding the recall special election set for June 13," Vance wrote.

Vance contested the council members' claim that their free speech rights had been violated and continued the lawsuit itself proves them unfit for office

"Heartbeat of Homer is prepared to take whatever actions necessary to ensure these three council members will no longer serve as our elected officials," Vance wrote.

Lewis said the city and Heartbeat of Homer may have scored today, but said the issue "isn't over until it is over."

Aderhold and Reynolds said late Tuesday they had only just heard the news of judgment and didn't have any comments yet.