Judge hears Safer Human Medicine’s motion to intervene in citizen lawsuit

Parties representing local government bodies, citizens, and Safer Human Medicine met in the Decatur County Courthouse Tuesday morning for a motion hearing. Specifically, it was a hearing regarding Safer Human Medicine’s motion to intervene in the lawsuit filed by citizens against the local government for alleged violations of the Open Meetings Act.

The legal representative for Safer Human Medicine argued that Safer Human Medicine has a right to intervene in the case as an interested party, as the nullification of the project and pilot agreements at the heart of the lawsuit would impact SHM’s interests. They further argued that this suit constituted a collateral attack on the project, and that Safer Human Medicine was not adequately represented in the case. SHM’s legal counsel also argued that this case’s potential impact on the project’s bond validation was also a reason for their motion to intervene.

Following the opening statement from SHM, the citizen’s legal counsel spoke. One issue they argued was against SHM’s focus on these agreements and any potential connection to the bond validation case, with this suit being separate and distinct from the bond issue. The citizen’s counsel also cited several cases regarding collateral attacks, arguing that this suit is “only about the Open Meetings Act”, and did not constitute a collateral attack.

They also asserted that the city’s legal representative, Michael Kozlarek, had been paid by Safer Human Medicine, which nullified their claim of having no representation in the case, and also cited the city’s official response to the citizen’s lawsuit. The counsel would revise their statement about Kozlarek, stating it was indirect benefit, rather than payment.

Kozlarek spoke after the citizen’s counsel finished speaking, addressing their claims and arguing that he had not violated any ethics. He defended the city’s response, and stated that the city had been “trying to avoid the circus”.

After Kozlarek, Bruce Kirbo, representing both Decatur County Commissioners and Tax Assessors, spoke, reiterating the county’s admission of violating the Open Meetings Act and the actions they had taken afterwards.

SHM’s counsel then spoke in rebuttal, arguing that the agreements are enough to give them a right to intervene, and that there “is no question this is a collateral attack.”

Ultimately, the hearing was adjourned, with the judge taking the motion under advisement, stating he planned to deliver an answer within the coming weeks.

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