‘Political ploy’: Sacramento council staffer fires back in City Hall restraining order battle
A city of Sacramento staffer who’s facing a potential restraining order barring him from City Hall is fighting back.
Skyler Henry, an incoming staffer for City Councilwoman Katie Valenzuela, filed a motion Friday asking a judge to dismiss the city’s petition and seeking monetary damages.
“This suit is a way to ensure that progressive and really not just progressive voices but all voices are represented in City Hall and that everybody has a place in there, everybody has a chance for civic engagement,” said Henry, who filed the motion in Sacramento Superior Court.
City Manager Howard Chan said in a declaration to the court that comments Henry made on a podcast placed him and his family in jeopardy.
During a March episode of progressive podcast “Voices: River City,” Henry said: “You should be terrified for the rest of your life,” referring to Democratic Sen. Kyrsten Sinema’s performative “thumbs down” vote against the $15 minimum wage in the coronavirus relief package. “You should never be able to leave your house if that is how you’re going to use your position to govern. And like, to me, the same thing sort of applies with the mayor and the city manager of this city (Sacramento).”
Chan, in his declaration, said: “as (Henry) works in the same floor as me, his past conduct and statements make me afraid of working in my office, especially when I am alone and when I am working late at night.
Henry’s motion alleged the city’s petition for a restraining order was a “political ploy, pure and simple.”
“We know it was designed not to actually protect them from any imminent threat of violence, but rather to chill his speech, and more importantly Katie’s speech, because he’s her chosen arm,” said Mark Merin, one of the attorneys representing Henry.
A judge Thursday denied the city’s request for a temporary restraining order. The city will continue seeking a permanent restraining order, City Attorney Susana Alacala Wood said.
“Whatever (Henry’s motion) may say, this case is about one thing only: Should employees be forced to share a workspace with another employee who has openly advocated the use of terrorizing tactics against them?” Alcala Wood said in a statement. “The City as an employer has a legal obligation to do everything in its power to ensure that all of its employees are safe and secure in the workplace and will continue its efforts to honor that duty.”
Henry has said he strongly opposes physical violence, but does not feel the same way about property crime, the motion said.
During a Black Lives Matter protest outside Chan’s house in July, his garage door and yard were damaged, the declaration said. Another protest occurred outside Chan’s house in March. A flyer for that protest showed Chan’s name in red font resembling dripping blood, but no vandalism occurred, a police report said. Henry has never been to Chan’s house, he said.
During a July 7 hearing, a judge will make a decision on whether to grant a permanent restraining order, which would bar Henry from going within 100 yards of Chan or his family. A hearing might also be held that day on Henry’s motion, Merin said.
The city will face an “uphill battle” to get the permanent restraining order, and would likely need to present new evidence, said Mary-Beth Moylan, associate dean for academic affairs at McGeorge School of Law.
This story was originally published June 18, 2021 at 2:52 PM.
