A Fulton County Superior Court judge dismissed a petition for a stalking temporary protective order brought by a College Park councilwoman against a resident.
During a Monday hearing, Judge Tamika Hrobowski-Houston said resident Allyson Blue’s words and actions toward College Park Councilwoman Jamelle McKenzie did not amount to stalking, harassment or threats and denied McKenzie’s petition for a stalking protective order.
A separate Fulton County Superior Court judge had granted McKenzie an ex parte temporary protective order for stalking on Sept. 11. Blue was served by College Park Police Chief Sharis McCrary as she entered council chambers on Sept. 21 to attend a city council meeting.
In her petition, McKenzie wrote that she feared Blue would try to harm her. McKenzie also cited Blue’s posts on the Speak Up College Park Facebook page, which the councilwoman described as a platform of hostility where members were “inciting violence on my person.”
Members of the Facebook group frequently submit open-records requests and publicly questioned city council decisions.
McKenzie and Blue were formerly friends. Their relationship turned in June as Blue and other residents objected to city council’s decision to hold a special-called meeting in Savannah to select a new destination marketing organization.
In September, Blue began publishing screenshots on social media of text messages and emails exchanged with McKenzie. In one exchange, McKenzie acknowledged sending material to “Webster Wallace,” an anonymous poster on the Everything College Park Facebook page.
During Monday’s hearing, at Hrobowski-Houston’s request, McKenzie presented emails and text messages from Blue as evidence of why she feared for her safety. Instead, Blue’s messages included concerns that McKenzie was spreading false information about her after Blue questioned city government decisions and transparency. In one text, Blue said she would take legal action if necessary.
Hrobowski-Houston found that the communications did not amount to stalking, harassment or threats by Blue “that cause you to have a reasonable fear for your safety.”
A protective order is not intended to address hurt feelings or damage to a person’s reputation, Hrobowski-Houston said.
Blue, a nurse practitioner, said after the hearing that she plans to continue speaking publicly and perhaps will do so more frequently.
“I’m just relieved now,” Blue said. “I’m happy and relieved, and I can go and talk again and not feel like I’m going to serve time for it.”
McKenzie said in a statement after the hearing that the dismissal did not erase the concerns that led her to seek the temporary protective order.
“I want to be clear that my decision to seek a temporary protective order against Ms. Allyson Blue was never an attempt to silence her, prevent criticism, or interfere with anyone’s right to lawful free speech,” McKenzie stated.
She continued, “…I sought the protective order because I believed the escalating pattern of behavior warranted taking reasonable steps to protect myself. My decision was based on safety, not politics, criticism, disagreement, or an effort to suppress anyone’s voice.”
McKenzie said she understands that criticism and disagreement come with public office but believes there is “an important distinction between legitimate public discourse and conduct that causes someone to reasonably fear for their personal safety.”
“I will continue to remain focused on serving the residents of College Park, carrying out the responsibilities entrusted to me, and taking appropriate measures to protect my safety when circumstances warrant it,” she said.
James Walker, Blue’s attorney, called the dismissal significant for College Park residents and “great for democracy.” He accused McKenzie of having “weaponized the stalking statute” and using it for her own purposes.
Walker criticized the decision to have the police chief serve Blue with the temporary order at the Sept. 21 council meeting. He said Blue had a right to attend the public meeting and that she was not properly served at that time.
“The police chief can’t serve anybody,” Walker said. “[Blue] had to be served by a separate processer. [McKenzie] had the chief serve her, but [Blue] was not properly served at that time.”
Blue was prohibited from contacting McKenzie while the temporary order was in effect. Blue told SaportaReport that she inadvertently sent McKenzie a message Sunday while copying and forwarding messages to herself and said she immediately unsent it. Hrobowski-Houston cited that contact in declining to order McKenzie to pay Blue’s attorney fees. Walker told the court his fees totaled about $4,600.
Thanks for continuing to shine the light in places that so dramatically need it. Perhaps soon, we’ll here what Mrs Blue has to say.
Thank you Randy Godfrey.