PROVIDENCE − City Councilman Miguel Sanchez is suing Gov. Dan McKee and two of his top aides, charging that they violated his First Amendment rights by firing him for expressing pro-Palestine views.
Sanchez worked in the governor's Constituent Services Office until last October, when he was let go . Prior to his firing, he attended a rally calling for a ceasefire in Gaza and made a number of social media posts criticizing Israel's treatment of Palestinians.
At the time, McKee told reporters that Sanchez's social media posts had become a distraction. The governor's office did not immediately respond to a request for comment on Tuesday.
Sanchez's lawsuit was filed Monday in federal court. In addition to the governor, it names Joseph Almond, McKee's senior deputy chief of staff, and Antonio Afonso, McKee's chief of staff, as defendants.
What took place behind the scenes? Sanchez tells his version
Sanchez was hired as a Constituent Services staffer in McKee's office in May 2021, before he was elected to his current role, according to the lawsuit. The complaint notes that Sanchez held a "nonpolitical, low-level role equivalent to 'tech support' for dealing with agencies such as the Department of Motor Vehicles."
According to the lawsuit, Sanchez informed McKee and his deputies that he planned to run for Providence City Council when he first was hired, "and they did not impose any restrictions on his advocating for any particular viewpoints on matters of public concern."
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However, he faced backlash after attending a pro-Palestine rally on Oct. 21 and posting about it on social media, which in turn drew media scrutiny, the lawsuit says.
Rico Vota, McKee's legislative director, allegedly told Sanchez that it was inappropriate to "publicly state an opinion seemingly at odds with the governor’s position," and that Sanchez "should refrain from further social media posts expressing such opinions."
Sanchez agreed to "lay low," and didn't post anything else about the Israel-Gaza War, the lawsuit says. However, later that week, The Providence Journal published a story referencing Sanchez's posts about the rally and noted that his opinions might put him “in the crosshairs of the state’s adamantly pro-Israel governor."
The next day, Afonso and Almond told Sanchez that his posts were sending a "mixed message" about the governor's stance, according to the lawsuit.
Afonso allegedly told Sanchez, “You have the constitutional right to say whatever you want but not the constitutional right to work here.”
Prior to attending the rally, Sanchez had applied for a transfer to the Department of Labor and Training. According to the lawsuit, both Vota and Afonso separately suggested his posts could complicate that process.
Firing was 'viewpoint discrimination,' lawsuit contends
According to the lawsuit, Afonso and Almond summoned Sanchez again on Oct. 27, and gave him the option to resign or be fired.
Sanchez asked if he could remove his social media posts, but Afonso told him that the situation was "past that point," the complaint states. Sanchez asked to speak to Human Resources, but instead was fired on the spot and escorted out by Capitol Police, the suit says.
He had never faced disciplinary action before attending the rally, the suit alleges.
The lawsuit contends that Sanchez was a victim of "viewpoint discrimination," and is requesting that he be reinstated and awarded damages.
It points to a 1987 U.S. Supreme Court ruling stating that the First Amendment does not allow government employers “to silence discourse, not because it hampers public functions but simply because superiors disagree with the content of employees’ speech."
Sanchez is represented by James A. Ruggieri of Higgins, Cavanagh & Cooney, as well as attorneys from the Washington, D.C.-based firm Schaerr Jaffe.
This article originally appeared on The Providence Journal: He was fired from the governor's office over pro-Palestine posts. Now, he's suing.
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