Motion to Dismiss Filed in Lawsuit Against Rochester City Council

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Rochester, MN (KROC-AM News) - The City of Rochester has filed a motion in federal court requesting the dismissal of a discrimination lawsuit filed by Rochester City Councilmember Molly Dennis.

She has named the city, Mayor Kim Norton, and fellow Councilmember Patrick Keane in her lawsuit, which alleges she was discriminated against for behaviors associated with her disability, which she identified as Attention Deficit Hyperactivity Disorder or ADHD. The lawsuit was originally filed in Olmsted County Court but was recently shifted to federal court.

Molly Dennis - City of Rochester website photo

In requesting the dismissal of the case, the city argues that her allegations "do not establish the essential elements of any of her claims." The motion also argues that Dennis wrongly contends that she is an employee of the city and therefore protected by state and federal workplace discrimination laws. The filing states that a Minnesota Court of Appeals ruling "expressly held that election to a City Council is a political position, separate and distinct from any employer/employee relationship."

Motion to Dismiss Molly Dennis Lawsuit - US District Court

Her lawsuit alleges Norton, Keane, and city officials “intentionally discriminated against Dennis on account of her disability by, inter alia, reprimanding and punishing her for her difficulty focusing, short attention span, struggle linear processing, executive functioning deficit, hyperactivity, and other well-known characteristics of ADHD.”

File photo of Rochester City Council meeting. City of Rochester

Councilmember Dennis was censured by the City Council about a year ago after a majority of the Council voted to support a resolution that cited "intimidating physical behaviors and escalated physical behaviors during times of disagreement, ongoing inflammatory and unfounded allegations against other City Councilmembers and City staff, threatening and manipulative behaviors "exercised" toward City staff and elected officials, and excessive use of City time and resources."

A hearing on the motion to dismiss the case is scheduled to take place in April.