Lawyer: Free Speech Lawsuit Could Cost Jonesboro up to $2 Million

JONESBORO, Ark. – The lawyer for a police officer who was fired for speaking at a public meeting said on Wednesday that if the city continues to fight until the end, he predicts it will cost them between one and two million dollars.

On February 7, Rachel Anderson and her lawyer, Luther Sutter, joined The Dave Elswick Show, a radio program in Little Rock airing on 101.1 FM The Answer. Anderson is suing the City of Jonesboro, its mayor, and police chief after she was terminated for speaking at a public meeting against a bond issue backed by the mayor in November, 2023. Sutter was in the studio while Anderson joined the program by phone, with the topic of her termination taking up the last hour of the show.

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The interview was live streamed on Facebook here.

“The reason we are on is this is part of the name-clearing process,” Sutter told Elswick.

Near the very end of the interview, Sutter predicted that if the city continues to prolong this case, it will cost them between one and two million dollars. This included the overall damages, lawyer fees, court costs, and any other costs associated that would be the burden of the losing party.

Sutter said it could be years before the name-clearing hearing actually happens, since the city has already said it plans to appeal the recent injunction awarding Anderson her request.

Anderson began the interview by saying she felt like the city was about to embark on a wasteful spending project and decided to speak out about it. She said the city put out public statements about her, calling her a liar, arrogant, and insubordinate. Because of this, she wants to clear her name to the public.

From there, Sutter and Elswick discussed why the city is refusing to back down. Sutter blames the Arkansas Municipal League, saying they control tens of millions of dollars of public money and fight cases, even when they’re a losing cause.

“I wish we had a fiddler in the courtroom when we were cross examining the city officials, because they really needed the music to dance to,” Sutter said. “But again, Dave, the only way I can get public officials’ attention is at the ballot box, or [in] the pocket book. And we’re going to have this hearing.”

Sutter said the judge has ordered parties to mediation. He said Anderson was always ready for mediation. He just doesn’t know what the city’s position on reaching a settlement will be.

“If we don’t mediate, it won’t be Rachel Anderson’s fault or my fault that the City of Jonesboro and its citizens are going to pony up money,” Sutter said, adding that he may donate most of his fees to charity benefiting the mentally ill in Arkansas.

In the absence of disruption, Sutter said the government can’t fire an employee for speaking at a public meeting against government policy. He referenced what he called an unconstitutional city policy that prohibits employees from speaking ill of policies in public forum.

He added that if he has the option in this case, he wants the punitive damages to be personally paid by the mayor and not the city.

Sutter also referenced something that hasn’t been revealed yet. He said everyone should be ready, because he has some surprises coming related to the tape recording of Anderson’s termination.

“I’m telling y’all, I know,” Sutter said, without elaborating. “I hope y’all are listening, because I know. Get ready to come confess, because I know what you did.”