Attorney, local judges reach settlement in Black Lives Matter button dispute

YOUNGSTOWN

A settlement has been reached in the federal lawsuit by Atty. Andrea Burton, which claimed that Judge Robert Milich of municipal court violated her free speech and due-process and equal-protection rights by finding her in contempt of court when she wore a Black Lives Matter button in his court July 22.

Court documents released Friday show the settlement of the lawsuit against Judge Milich, Judge Elizabeth Kobly of municipal court, and the city was reached after more than three hours of mediation Thursday in federal court here.

Accompanying the settlement announcement was a statement from Burton saying she viewed wearing the button in the same context as wearing a pink ribbon to promote breast-cancer awareness, or police wearing black tape over their badges after an officer is slain, but she now understands “that a courtroom is a nonpublic forum over which Judge Milich had the authority to dictate decorum.”

A summary of the settlement supplied by Burton’s lawyer, Edward L. Gilbert of Akron, says Judge Milich has agreed to dismiss the contempt citation, and Burton has agreed to dismiss her appeal of the citation.

That summary says Judge Milich and the municipal court agreed not to retaliate against Burton and that Judges Milich and Kobly must fully consider her request for future appointments to court-appointed cases.

Read more about the outcome in Saturday's Vindicator or on Vindy.com.