Social media sensation Flint Councilman Eric Mays has been sentenced to six months probation for a disorderly conduct charge for his behavior at a city council meeting.
Mays, who has gone viral for his outbursts during the sometimes contentious meetings set aside to discuss city business in the Michigan city, landed in hot water for an April 2022 confrontation with Council President Allie Herkenroder.
Mays told WNEM last April the conflict with Herkenroder was “politically motivated.”
Now the judge’s final ruling in the case has raised questions about an ulterior motive and a larger effort against the councilman who represents the majority-Black oldest district.
Mays, who had been ordered removed from the meeting many times because of his colorful expression and profane language, and for hurling insults at other councilmembers, disputed Herkenroder’s order that he be removed on April 25, 2022.
However, Mays maintained that Herkenroder’s order was unlawful and refused to leave until he was removed in handcuffs. The councilman, who has represented Flint’s Ward 1 for 10 years, was arrested and charged with disorderly conduct.
Mays faced 90 days in jail and possible expulsion from his seat. Special prosecutor Michael Gildner pushed for jail time for Mays, which would’ve jeopardized the councilman’s seat on the dais.
Gildner argued that Mays’ dispute with other city leaders disrupted the handling of the city’s business during the meeting.
“If person A is having a problem with person B and person C and person D, it’s not person B, C or D’s problem, it’s person A’s problem …,” Gildner said. “Mr. Mays is the problem. Not all of these other individuals.”
However, Genesee County District Judge Vikki Bayeh-Haley said Tuesday that Mays was correct in concluding that the council president did not have the right to remove him from the meeting. She sentenced Mays to probation on Tuesday, April 25, after a jury convicted him of the misdemeanor in March.
Herkenroder had warned Mays about using profanity which prompted Mays to ask to leave.
“May I ask to be excused because you won’t get the pleasure of throwing me out,” Mays said before his initial exit.
“Yes, you may be excused,” replied Herkenroder.
He left and then returned a short time later. The council president then led the motion to vote for Mays to be removed from the meeting claiming that he could not leave and return without permission.
The councilman refused and was escorted out in handcuffs.
Although the judge sided with Mays that he was wrongfully ejected, she said his actions after the council’s vote were considered disorderly conduct since the commotion delayed the meeting.
“He was right. He did have the right to stay in (his) seat. The City Council made the wrong ruling … but I can’t control that,” Bayeh-Haley said during the sentencing. “He wasn’t highly disruptive. He just didn’t leave his seat. So I wouldn’t call it disruptive as much as he just delayed the meeting somewhat …”
“Whether she intended to lie or was mistaken … he did have permission” the judge also said.
Flint resident Chelsea Brown told Atlanta Black Star in an email that Gildner’s push for jail time for Mays is part of a larger effort by the mayor and other officials to remove him from the city council. She believes Herkenroder “perjured herself during the trial,” per the judge’s remarks.
“It almost worked,” Brown said. “And now they have him on probation for six months, so they can prod him until October 25, 2023. Trust, they will not stop.”
