Wilmington City Council violated state law when it barred a man from speaking at one of its public meetings last month, the Delaware Department of Justice announced Friday in an opinion.

Dion Wilson was banned from speaking at the Sept. 19 City Council meeting after being accused by City Council President Hanifa Shabazz of disrupting two meetings by yelling after she prevented him from speaking during the public comment portion.

"As presiding officer of City Council, it is my responsibility to maintain order at regularly scheduled legislative business meetings," Shabazz said in a statement Friday. "On Sept. 19, 2019, a citizen was not allowed to speak during public comment because of the profanity they used during the previous public comment session."

While the city has the ability to remove a person if their behavior is "willfully and seriously disruptive" of the public comment portion of its meeting, the record did not support the city's pre-emptive decision to bar Wilson from speaking at the Sept. 19 meeting, the state Justice Department ruled.

"Based on this record, we further conclude that the city violated [the Freedom of Information Act] by prohibiting your opportunity to speak at the Sept. 19, 2019, public comment period," Delaware Deputy Attorney General Dorey L. Cole wrote to Wilson in the decision.

Shabazz said she will ensure that Wilmington City Council meetings, including the public comment portion, comply with all regulations.

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The Justice Department's decision did not touch on Wilson's Oct. 2 arrest, which came about two weeks after his exchange with Shabazz during the Sept. 19 City Council meeting.

Wilson was arrested at his Midtown Brandywine home after Shabazz filed a police report against him. He was charged with harassment and disorderly conduct, both misdemeanors.

Prosecutors must decide whether to pursue the charges before Wilson is arraigned in December.

Wilson frequently attends City Council meetings and often criticizes Shabazz, Mayor Mike Purzycki and other council members during public comments. He speaks about the dismantling of the Rodney Square bus hub and the way city and state officials treat the poor in Wilmington.

John Flaherty, of the Delaware Coalition for Open Government, said Shabazz overstepped her authority by pressing charges against Wilson and said this amounted to silencing his frequent criticism of city government.

"This opinion from the Attorney General's Office reaffirms the rights of the public to provide checks and balances on their elected representatives," said Flaherty, who helped Wilson file his FOIA complaint with the Justice Department.

"No elected official is above the law," Flaherty added.

Contact Esteban Parra at (302) 324-2299, eparra@delawareonline.com or Twitter @eparra3.