A protective order filed by a Hammond councilman against a former opponent is an attempt to take away her First Amendment rights, the opponent said.
Councilman Anthony Higgs, D-3rd, filed the order of protection Aug. 24 against Anne Herbert, who challenged Higgs for the nomination for the Third District seat in the May primary. In the order, Higgs contends that Herbert, 65, has stalked him, placed him “in fear of physical harm” and tried to get him fired from his job in the Lake County Clerk’s Hammond office.
The order bars Herbert from having any direct or indirect contact with Higgs and bars her from being in the Lake County Clerk’s Hammond office or the City Council chambers when he’s present.
Herbert often attends Hammond City Council meetings and has criticized Higgs, she said. But she said she has neither threatened him nor stalked him in any way. No police reports have been filed against Herbert, said Lt. Richard Hoyda, Hammond Police spokesperson.
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“This is hilarious,” Herbert said Tuesday. “He’s trying to suppress my First Amendent rights and keep me from voicing my concerns about the Third District, but that is my right.”
McDermott said he received a copy of the order Aug. 24, which coincided with his last Mayor’s Night Out in the Third District. Both Herbert and Higgs attended, but Higgs said nothing to the mayor about the order.
“I was waiting for him to say something, and I’m glad he didn’t, because I would’ve said ‘No’ (to enforcing the order),” McDermott said. “As a councilman, you have to expect criticism. I’ve had people go over the top with me countless times, and it scares me, but if you don’t like the protections the First Amendment affords, then don’t be an elected official.
“You can’t sue for defamation as a public official. As an attorney, I would definitely take (Herbert’s) case.”
Herbert responded Monday to the complaint in Judge John Sedia’s Lake Superior Court and has asked for the soonest date to answer the charges.
“I plan to fight this tooth and nail,” Herbert said. “What he says is me being ‘snarky’ is my Constitutional right. I’ll obey the order for now, but when the judge throws (the order) out, I’ll be back.”
Higgs currently has a lawsuit pending against city employee for drawing a cartoon depicting Higgs in an unflattering light. He also sponsored a failed ordinance in 2011 that attempted to limit what the public could say during public meetings.
HIggs did not respond to calls for comment.
Michelle L. Quinn is a freelance reporter for the Post-Tribune.