Former Rochester City Council Member's Federal Lawsuit Faces City's Objection

Rochester's legal team argues against adding a First Amendment violation claim to Molly Dennis' discrimination and retaliation lawsuit.

Published on Feb. 9, 2026

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The city of Rochester is objecting to a federal court magistrate's recommendation that would allow former City Council member Molly Dennis to add a First Amendment retaliation claim to her existing lawsuit against the city. Dennis' lawsuit alleges her 2023 censure and subsequent ejections from council meetings in 2024 violated her rights. The city argues the revised complaint fails to properly connect the meeting ejections to protected speech, and that such expulsions are a traditional sanction for elected officials.

Why it matters

This case highlights the ongoing legal battle between a former city council member and the local government, raising questions about the limits of free speech and disciplinary actions for elected officials. The outcome could set precedents around the rights of council members and the authority of municipal governments.

The details

Molly Dennis, a former Rochester City Council member, filed a federal lawsuit in 2024 claiming her 2023 censure and subsequent ejections from council meetings violated state and federal protections against discrimination based on her ADHD diagnosis. After hiring legal representation, Dennis sought to update her lawsuit, and a federal magistrate judge recommended allowing a new First Amendment retaliation claim to move forward. However, the city's legal team is objecting, arguing Dennis' revised complaint fails to properly connect the meeting ejections to her protected speech, and that such expulsions are a traditional sanction for elected officials.

  • In March 2023, the Rochester City Council censured Molly Dennis.
  • On May 20, 2024, October 7, 2024, and December 2, 2024, Dennis was ejected from Rochester City Council meetings.
  • In 2024, Dennis filed a federal lawsuit against the city.
  • In January 2026, a federal magistrate judge recommended allowing a First Amendment retaliation claim to move forward in Dennis' lawsuit.
  • On February 5, 2026, the city of Rochester filed an objection to the magistrate's recommendation.

The players

Molly Dennis

A former Rochester City Council member who filed a federal lawsuit against the city, alleging her 2023 censure and subsequent ejections from council meetings violated her rights.

Farah Famouri

An attorney with the Minneapolis-based Greene Espel law firm, representing the city of Rochester in the federal lawsuit filed by Molly Dennis.

Douglas Micko

A U.S. Federal Court Magistrate Judge who recommended allowing a First Amendment retaliation claim to move forward in Molly Dennis' lawsuit against the city of Rochester.

Patrick J. Schiltz

The presiding Chief Judge who will review the magistrate's recommendation and the city's objection in the Molly Dennis lawsuit.

Paul Ostrow

An attorney with the Minneapolis-based Ostrow Law firm, who was hired by Molly Dennis to represent her in the federal lawsuit against the city of Rochester.

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What they’re saying

“The report and recommendation erred in recommending that one claim against the city should proceed: a First Amendment retaliation claim premised on plaintiff's expulsions from certain council meetings.”

— Farah Famouri, Attorney, Greene Espel law firm (postbulletin.com)

“She does not allege when she was expelled, the context around the expulsions, or any facts that might suggest a connection to her allegedly protected speech versus some other conduct.”

— Farah Famouri, Attorney, Greene Espel law firm (postbulletin.com)

“Both the United States and Minnesota constitutions expressly grant legislative bodies the power to 'punish [their] Members for disorderly behaviour, and ... expel a member.'”

— Farah Famouri, Attorney, Greene Espel law firm (postbulletin.com)

What’s next

The presiding Chief Judge, Patrick J. Schiltz, will review the magistrate's recommendation and the city's objection to determine whether Molly Dennis' First Amendment retaliation claim can proceed in the federal lawsuit against the city of Rochester.

The takeaway

This case highlights the ongoing tensions between local governments and elected officials, as well as the complex legal issues surrounding free speech rights and disciplinary actions for council members. The outcome could set important precedents that impact the balance of power and accountability within municipal governments.