Valdosta City Council reviews excessive force lawsuit, mask mandate

Published 11:30 pm Thursday, July 23, 2020

VALDOSTA – Valdosta City Council members said they have been threatened and harassed since a man filed an excessive force lawsuit against the police department.

Council also reviewed the possibility of a city-wide mask mandate during its regular meeting Thursday.

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During the City Council meeting – the first one to be open to the public since the start of the pandemic, Councilman Joseph “Sonny” Vickers urged the city to speak publicly more on the Antonio Smith vs. City of Valdosta lawsuit. 

Smith is suing Valdosta Mayor Scott James Matheson, Valdosta Police Chief Leslie Manahan and all members of the City Council on claims of excessive force during a February incident.

Body cam footage shows Valdosta Lt. Billy Wheeler throwing Smith to the ground after mistaking him for a man wanted on a warrant during an investigation. The case has attracted national and international attention. 

“It was a misfortunate situation,” Vickers said during the council meeting. 

Vickers said city leaders have discussed the incident with each other but added they have not said enough publicly. He said he believes the lack of public comment leads people to think the city is attempting to cover up the issue. 

Councilwoman Vivian Miller-Cody said out-of-town callers have threatened and belittled her, adding she has been verbally harassed in local neighborhoods, since the lawsuit became public. She said the incident with Smith and the lawsuit make her emotional.

“We’ve been beat down also but we still get up every day,” she said. “You think we don’t feel what you feel, but I feel it every day. I live it every day. To say that we don’t care, it hurts. It hurts real deep.” 

Matheson said threats have come from across the nation. He said the Federal Bureau of Investigation made two arrests related to the threats.

Councilman Eric Howard said the city has not taken the incident lightly, adding people are unaware of “things that have been put in place with the police chief.”

During Citizens to be Heard, Pastor Jimmy Boyd told Matheson and the council they have failed Valdosta and its residents. 

“I want to go on the record to say that our community is outraged,” he said. 

Boyd asked Matheson to resign “because (he) has failed. Everything rises and falls on leadership, and as a leader, you have failed this community.” 

He said if Matheson chooses not to resign that residents have already gathered to recall his seat. 

Boyd said City Manager Mark Barber, Manahan and “all those involved should be fired. … Valdosta is ready for a change.” 

Howard commented on the COVID-19 pandemic and its lingering effects. 

“The City of Valdosta, we’re going through a lot right now,” he said, speaking of financial hardships, fears of reopening schools and the pandemic.

Councilwoman Sandra Tooley revealed she recently tested positive for COVID-19 though showing no symptoms. After quarantining, she re-tested and received a negative result. 

She encouraged others to wear masks in public. 

“It will do a lot of good,” Tooley said. “It’s not going to stop the virus, but it’s going to slow it down, and keep a lot of people from getting sick.” 

Vickers asked Matheson to mandate masks, saying “sometimes, we have to go contrary to what laws are saying.”

Barber said Valdosta joined about 100 other cities that signed a court brief from the Georgia Municipal Association to Gov. Brian Kemp. The brief states it is sent “in opposition to the governor’s actions since his lawsuit goes beyond the case against Atlanta.”

Kemp is suing Atlanta Mayor Keisha Lance Bottoms for her city-wide mask mandate. 

An email from Larry Hanson, GMA executive director, said the lawsuit has provisions that affect all Georgia cities. 

Barber said the city wants to gain control of its response to COVID-19 and the court brief asks Kemp to allow city governments to determine their respective responses.

During the meeting, council unanimously approved a consideration to close a portion of Myon Street between East Adair and East Gordon streets for the expansion of a daycare center on Forrest Street.

Council unanimously approved a loan modification of promissory notes and loan agreements with the Georgia Environmental Finance Authority for a six-month interest-free deferral on all notes currently in repayment.

“As part of its ongoing commitment to improve its water and wastewater infrastructure, the City of Valdosta has financed several water/sewer projects with the Georgia Environmental Facilities Authority over the last few years,” city documents state. 

“While these notes have allowed the city to make much needed improvements to its water system, the service on the debt represents a significant monthly cash outlay of $538,911.53. While the city has planned for the service on each note, the current economic situation has created a degree of uncertainty regarding projections of cash flows.” 

Documents state the GEFA deferral allows the city to conserve funding and redirect finances to current projects; it would reduce the amount of future loans and fiscal costs without increasing interest. 

Awards were presented by James Horton, city historic preservation and special projects planner, and Alex Alvarez, chairman of the Valdosta Historic Preservation Commission, at the meeting.

Patsy Giles, president of the Lowndes County Historical Society, and Donald Davis, society executive director, received the Outstanding Achievement for Large Historic Rehabilitation Projects on behalf of the society.

The award was given for the rehabilitation of the Bird Hospital, which was completed in January.

Glenn Gregory received an award for the hospital’s design and architecture.

Alvarez received the distinguished merit award for the Brookwood North Historic District Craftsman and American Small House Project. 

Congregations of First Antioch Missionary Baptist Church and First Baptist Church were presented with stewardship awards.

Alfred Willis was given the Harold M. Bennett Lifetime Achievement Award.