An effort by Eureka Springs City Council member Harry Meyer to control what can and can’t be said during the public comments portion of meetings didn’t sit well with his fellow council members.

At the council’s regular meeting held Monday, Oct. 27, Meyer spoke on an agenda item aimed to limit public comments to topics that involve the city.

“I think that we don’t need anything but city business, so things that pertain to the city,” Meyer said. “… When people come in and talk about how the gun laws in Illinois … that has nothing to do with the city of Eureka Springs and is wasting our time and everyone else’s time.”

Council members quickly voiced opposition.

“As representatives of the city’s population, elected by the people, I welcome any opportunity for anybody to get up and say what they want to say to the city council,” councilman Steve Holifield said. “People do contact us via email or phone calls, but this is another avenue for people to come up and give their opinion of what’s going on, and I don’t know how you would regulate that anyway. Who talks to them ahead of time to say: ‘What are you going to talk about?’

“I am dead set against this. I think people have the right to come up and talk to us. We are the representatives and I think any avenue for them to give their opinion is welcomed.”

Council member David Avanzino agreed, saying he welcomes all opinions on various subjects, including when he recently received an onslaught of backlash after a controversial social media post.

“I have to agree with Steve,” Avanzino said. “You know, having been the recipient of discussions other than city business on this table at this floor, even though it was very hard to take in, I did because I was elected to listen and to speak. So, I welcomed what people had to say to me, whether it was by phone, email or face-to-face on this floor. I do think it’s everybody’s right to get up and speak what they want to speak about. So, I would have to agree with Steve and say that I would not support this.”

Meyer’s bid to regulate public comments come after recent statements made at meetings by his neighbor Ruth Virginia Seymour, who accuses the council member of hitting her with his vehicle during a July incident.

“It has been three months to this day, on July 13th, 2025, when Councilman Harry Meyer … feloniously, with intent, backed over me with a … steel bed truck …,” Seymour said at the Oct. 13 council meeting. “The prosecuting attorney is still reviewing this case, to my knowledge. Still, it’s so unbelievable that council (member) Meyer has not been arrested, bonded, charged or jailed.”

Meyer insinuated at Monday’s council meeting that Avanzino was behind recent complaints against him.

“Of course, part of this is because members of the council have gone out and gotten people to come in and make accusations against other members of council, which is abhorrent,” Meyer said. “It’s abhorrent, Mr. Avanzino.”

Avanzino didn’t respond to Meyer’s remarks, but other council members continued to voice concern with the idea of limiting public comment topics.

“I would also agree with Steve and David,” council member Rachael Moyer said when discussion continued on the agenda item. “I think it’s important to encourage citizens to actively participate in their government, and I think, first of all, it sends the wrong message if we’re saying you can come to say some things, but you can’t say other things.

“[Public comments is] limited to three minutes, and I think there’s a reason why it’s limited to three minutes. So, it’s good that there’s some limited time there. But I think, also to your point, it would be nearly impossible to enforce that, because once they get up there, they can say whatever they want. They have three minutes to say what they want.”

Meyer responded: “The mayor can stop them.”

“Easier said than done,” Holifield replied.

Mayor Butch Berry chimed in, saying he’d like to get city attorney Heather Owens’ opinion, adding: “I’m afraid this is kind of bordering a little bit on First Amendment rights.”

“It could,” the attorney said. “That would all depend on what people are saying, and then you’re getting into policing what people are saying and that could, you know, prove dicey.”

Meyer said it’s not a legal issue.

“If I may, it’s a privilege to come up here and do your three minutes,” he said. “The mayor has said that multiple times. This isn’t a First Amendment issue.”

Moyer disagreed. “Our form of government is based on input from the public,” Moyer said. “We can’t cut that off. It’s more than a privilege. It is their right to come and speak to the representatives that represent them.”

Berry clarified his comments.

“I think what I had mentioned when I said it’s a privilege is that the council cannot have any public comments or they can have public comments. It’s one or the other,” the mayor said. “There’s some cities that don’t allow public comments, but again, that’s up to the city council to decide.”

Terry McClung, a longtime city council member, said topics discussed during public comments have never been an issue.

“I’ve been sitting in this chair for a few years and I’ve not had anyone yet come up there and do an infomercial,” McClung said. “So, I’m really not too worried about it.”

‘STOP IT’

Meyer’s rift with Avanzino reared its head again during council member comments.

“I didn’t want to do this, but I have to because it’s gone too far,” Meyer said. “Mr. Avanzino contacted the person across the street from me, or he had someone else do it, to come in here and attack me again. The first time that you did that, you invited them to sit here and listen, and they had grins on their faces.

“You know what your problem is when you did your investigation? You didn’t speak to me. You didn’t get my part of the story. I filed harassment charges against her, and she wasn’t supposed to be speaking against me here because she was advised not to.”

Meyer then made a vague reference to a “little red van” that he said he’s seen parked at Avanzino’s business, Wanderoo Lodge and Gravel Bar.

“I saw a little red van that’s parked at the Wanderoo at … little house next door, so I know what you’re doing,” Meyer said. “Stop it.”

Avanzino briefly responded to Meyer during his council member comments.

“Mr. Meyer, I’m very sorry you feel that way and that you’ve gotten incorrect information,” Avanzino said. “The little red van parked … is actually an employee of mine.”

Meyer responded: “Yes, I know,” before being cut off by Berry.

“This is my time,” Avanzino interjected. “Contrary to what you may think, my mind is not occupied by you 24/7, so I will not let it be occupied by you now.”