Copyright by WAVY - All rights reserved WAVY News 10

Copyright by WAVY - All rights reserved WAVY News 10

PORTSMOUTH, Va. (WAVY) -- Portsmouth Councilman Bill Moody is suing the city.

Council fined Moody $1,500, citing a recently adopted rule involving confidential city information. Moody's action filed Thursday in Portsmouth Circuit Court. The lawsuit claims violations of his right to free speech, as well as Virginia laws governing open meetings and freedom of information.

Moody says the city overstepped its bounds when he was fined in January over a Facebook post.

According to court documents, Moody posted the following to Facebook:

"Was informed that our Confederate War Monument will be discussed in closed session tonight as it pertains to the Danville Case. Appears that the issue of removing it is still in play."

"This whole thing is just a big mess of various problems," Moody's attorney Kevin Martingayle told 10 On Your Side. "We believe that the language of the rule is unconstitutional, and we believe that the due process of the rule is unconstitutional and inadequate."

According to the lawsuit, this post contained nothing confidential or anything that was not already in a council meeting agenda dated on Dec. 8, 2015.

The suit names Mayor Kenny Wright, four members of council, the council and the City of Portsmouth. Wright had no comment when reached Thursday by 10 On Your Side.

Council adopted a policy last September prohibiting members from publicly talking about information discussed during closed meetings. Moody had voiced opposition of the policy when it was passed.

Moody said in late January that he would be fighting the fine. The lawsuit, which was filed Thursday, alleges that Moody sent a letter to the Portsmouth City Attorney on Jan. 25, and requested information relating to the fine.

However, the lawsuit states that Moody never received a response from the city for that letter, or a follow-up letter mailed on Feb. 5.

Moody has paid the $1,500, but his attorney says the lawsuit is not an effort to recover that money. "(Moody) does not want his speech or any other council member's speech infringed upon in an unconstitutional way," Martingayle said.