East Lansing Human Rights Commission Votes to Investigate Complaints Despite Advice from City Attorney

The East Lansing Human Rights Commission voted to accept two complaints stemming from an incident that ocurred during Michigan State University’s welcome weekend, despite a city attorney strongly advising against it. 

The incident occurred outside of Dave’s Hot Chicken and saw ELPD Officer Andrew Lyon deploy pepper spray within inches of the faces of two young men. The city later put out a press release about the incident that named Lonnie Smith and Mason Woods, stating the two were charged with misdemeanors related to fighting.

Video from a security camera was later released by the attorney for the two men that contradicted the press release, showing the altercation only featured some pushing and a verbal exchange, and that Smith stepped in to deescalate the incident and was trying to direct Woods, his friend, away from men he was arguing with. Charges against both men have been dropped, but last week it was announced Smith and Woods are pursuing civil cases against the city in federal court.

Both men filed complaints with the East Lansing Human Rights Commission, and at the commission’s meeting Monday, it voted to accept the complaints and form a subcommittee to look into them, despite a city attorney advising against it.

“I have to act in a manner that allows me to protect the interests of the city and its legal rights,” City Attorney Carlito Young said. “I’m advising this group not to take any immediate actions…you’re [HRC] part of the city, your actions have an effect on what’s pending.” 

Commissioners pushed back against Young, saying the purpose of the Human Rights Commission, which is made up of unpaid volunteers, is not to protect the interests of the city. 

“I feel that the purpose of this body is not to protect the city but to protect the interest of human rights of the residents of the city,” Commissioner Matthew Boughton said. 

Young doubled down, “I respect that, and I appreciate that, but at the same time, your actions can have an effect on the city, and my job, as city attorney, is to monitor that and advise accordingly.”

The Human Rights Commission isn’t the only city body interested in the incident. At the Oct. 21 City Council meeting, the council voted to have outside counsel complete an independent review of the actions, policies and procedures of the police department, including the incidents that occurred during welcome weekend to the present. 

The motion passed by council said that the report made by the investigator will be confidential, but Young said council could decide to make it public.

“Things change,” he said. “We do not know what is going to happen when that investigation is complete. There could be a decision made by the City Council to disclose that. There could be a decision by the City Council to make that attorney-client privilege.” 

The commission’s conversation shifted to whether or not the city ordinance governing the HRC gives it the ability to investigate the city.

“I don’t see at all why there’s any conflict of interest in us doing our job as the HRC, which is to protect the civil rights of our citizens and guests,” Commissioner Karen Hoene said. “It’s completely separate from any lawsuits filed in the city and any other investigation. This is what we were appointed to do, this is literally why we exist.” 

“In my plain reading of this [ordinance], it doesn’t give cause of action for this body to investigate the city; that’s why there’s a police oversight commission,” Commissioner Collin Good said. 

Commission Chair Julia Walters recused herself from the discussion because her family has a relationship with one of the complainants, but added that the ordinance states public facilities, departments, agencies or commissions fall under the discretion of the HRC.

“In the past we’ve investigated a complaint against the library…no one ever spoke up and said you’re not allowed to do that, and the library is a part of the city,” Hoene said. “This is brand new to me, and I’ve been on this commission for five or six years…the police oversight commission does not have any authority to take any actions or investigate at this time, so who else is it if it’s not us?”

Hoene recommended that forming a subcommittee to investigate the complaints. The commission passed a motion to form a subcommittee of four people, the subcommittee will later report back to the full commission.

During public comment, Smith’s mother, Nadia Sellers, addressed the commission.

“Your city attorney is here, which is very disturbing to me, because I was told by the city manager, who’s not here, that he authorized a disparaging press release that went out, naming my son’s name and Ms. Woods’ son’s name,” Sellers said. 

In addition to the lawsuits, Sellers said they have filed a complaint with four different agencies: the Michigan Department of Civil Rights, the Department of Justice, the Attorney General’s office and the NAACP. She said she hopes the HRC investigation uncovers new information.

“I want the truth, and I expect your commission to get to the truth, and I expect you to do it quickly,” Sellers said.