Councilwoman believes mayor encouraged 'nipple' lawsuit

The war of words has started, and (screen) shots have been fired.

The timing of a lawsuit against the city, a letter from the mayor to review the law, and comments made on social media have led one Springfield City Council member to publicly question the mayor's honesty.

Councilwoman Kristi Fulnecky said Thursday that images captured from Facebook and sent to her indicated Mayor Bob Stephens was misleading people about his knowledge of the suit — which challenges the city's new indecent exposure ordinance. The mayor denied any devious behavior and expressed surprise at being blindsided with a false accusation.

"A constituent sent me those screenshots," Fulnecky said. "I was a little concerned because (the mayor) had said he didn't know about the lawsuit prior to sending the letter."

Stephens, on the other hand, maintains he didn't know the American Civil Liberties Union was preparing to file a lawsuit Monday, the same day council's Plans and Policies Committee received his letter asking to review the law.

"It's purely a coincidence," he said Thursday.

Anthony Rothert, the legal director of the ACLU, said in an email to City Spokeswoman Cora Scott that the ACLU had no contact with anyone at the city prior to the filing of its lawsuit. He also said he was unaware the city would possibly be reviewing the ordinance.

"I do not know how knowledge of a possible review might have changed the timing of our lawsuit, if at all," he said.

Stephens said he was aware a lawsuit was possible because City Attorney Dan Wichmer had said during a previous council meeting that the city was vulnerable to litigation, and because news outlets reported in September that organizers of the Free the Nipple movement were talking to the ACLU about a suit.

He said he sent the letter on Monday because that's when the Plans and Policies Committee was scheduled to meet.

He said he did not hear from Fulnecky before she appeared on a local news broadcast to raise her concerns.

"Her assumptions about my actions and intentions are completely incorrect," he said.

One of the screenshots captured a Facebook conversation that included one of the lawsuits plaintiff's, Jessica Lawson, responding to the question of whether the mayor was aware of the suit.

"Yes he knew about the pending lawsuit," she said.

Lawson said Thursday she didn't intend to indicate in her Facebook comments that she had spoken to the mayor. Stephens also said he's never spoken to Lawson.

Lawson said she only meant he was likely aware the suit would happen based on conversations in council meetings and news coverage of the issue.

"We all knew that there would be a pending lawsuit, but nobody besides me and my lawyers knew that the ACLU was representing me," she said.

Fulnecky said she's still not convinced.

"It seemed pretty emphatic," she said. "Given what I was given, it seems pretty straight forward."

The dispute, which started on social media, has also grown in that arena with the creation of a "Recall Stephens" Facebook page.

As of about 3 p.m., 46 people liked the page. An attempt to reach the page's creator was not successful.

Scott said no one has contacted the clerk's office to ask about a recall of the mayor.

Stephens, who is the longest-tenured member of City Council, said he doesn't recall a time in which arguments between council members were this personal and political.

"When it comes to these cultural, religious or social issues, it's the fabric of people's lives, so they take it very seriously," he said. "But in the past I disagreed with (former council member) Cindy Rushefsky all the time, and maybe not as often with (former member) Doug Burlison. But I could still pick Ms. Rushefsky up to go to a meeting or go out for a Coke or a beer with Mr. Burlison after a council meeting."

Fulnecky said she plans to treat Stephens and all her colleagues respectfully and professionally, and that she won't have any problem working with the mayor on other issues going forward.

"I'm not there on my own behalf," she said. "I'm there to represent my constituents."

Stephens said there's not an easy way to get past this particular issue, but council will continue to be productive.

"We'll move forward," he said. "We have to move forward."