ACLU sues town over resident's water shutoff for obscene gesture

PIEDMONT, Mo. -- A lawsuit has been filed against Piedmont city officials alleging water was cut off at a resident's home in retaliation for flipping the mayor the middle finger.

The American Civil Liberties Union of Missouri says the free speech of Tina Warren and her son, Bryan Jeffers, has been violated repeatedly since a dispute that began in April 2014.

A video of a July 7 confrontation at Piedmont City Hall with city workers has been posted to the ACLU's website in support of the pair's assertions.

In the shaky footage, unidentified city workers appear to respond to questions from Warren about the reason for the shutoff by saying, "You flipped us off," later telling Warren the water will be turned back on if she apologizes.

During the video, Warren argues loudly with the employees, whose responses often are difficult to hear.

Warren responds by saying she was "flipping off" Mayor William "Bill" Kirkpatrick, not the city workers.

The video is shot by her son, Bryan Jeffers, with whom she lives and whose name is on the water account.

Warren tells employees the home is on an 18-month payment plan to deal with past-due bills but is current, according to a plan established in court the previous month.

Another unidentified city employee later tells officers who responded that city collector Bill McMurry did not order the water shut off, and the bill is current.

When contacted by phone, Warren said she was directed by the ACLU not to answer questions.

Messages left Friday for Kirkpatrick and Police Chief Richard Sanders, who have been named in the suit, were not returned.

The lawsuit was filed with the U.S. District Court, Eastern District of Missouri, Southeastern Division, according to the ACLU of Missouri.

The ACLU is seeking injunctive relief to prevent further violations of Warren and Jeffers' rights, said Tony Rothert, legal director of the ACLU of Missouri. Failing that, the only relief the residents could seek is monetary, he said.

"The bottom line is, what we're really trying to do is stop this family from being harassed in retaliation for criticism of the mayor," Rothert said.

Rothert said the ACLU had documentation proving the water bill was current and other videos but would not release those items at this time.

The ACLU claims the problems began in April 2014, when water was shut off to Jeffers' home for six days during a water-main repair.

Warren accuses Kirkpatrick of subjecting her to a "tirade of expletives" when she stopped to speak to workers about the repairs, according to a news release.

"Warren began protesting the mayor by extending her middle finger whenever she encountered him," the ACLU says.

Warren and Jeffers say they began receiving water bills that were much higher, and they petitioned for an audit of the city.

The ACLU alleges the residents were targeted by police, saying officers stopped Warren for flipping off people while driving and searched the family's home without consent.

According to the Missouri courts website, Warren was charged in May with driving without a valid license. The case is pending.

Warren and Jeffers have pleaded guilty in the past to possession of marijuana.

Jeffers received five years of supervised probation in April after pleading guilty to felony possession of a controlled substance from a case filed in July 2014.

Warren pleaded guilty in 2010 to possession of up to 35 grams of marijuana, receiving a $400 fine.

In the July video, Piedmont police Lt. Cory Thompson and Sanders responded to city hall in July.

Warren tells Thompson she was driving on an expired license, and Thompson responds to questions from Warren by saying he stopped her because she was "flipping people off in town."

"That's not a legal reason," said Rothert, who also said other witnesses to these incidents have been interviewed and support Warren and Jeffers accounts.

Thompson can be seen in the video trying to determine the reason for the shutoff and telling other city workers, "That meter needs to be put back" and "If they're current on their water, we can't pull their water meter. We can't do that."

The city will have time to file a response to the lawsuit before any further action is taken in court, Rothert said.

Daily American Republic writer Pat Pratt also contributed to this article.