A Durham resident has been barred from entering city hall for two years following her disruption of a new council member’s swearing-in ceremony on December 1.
Both the disruption of an oath of office and the ban may be unprecedented; neither has happened in at least 20 years, according to a longtime city employee who works closely with the city council.
The disruption occurred when Amanda Wallace, an activist known for using direct, sometimes abrasive tactics to advocate for child protective services reform, stood from her seat while council member Matt Kopac was being sworn into office, and loudly criticized the amount of money Kopac raised and spent during his campaign. (Kopac raised $76,100 and spent $64,500—the largest sums of any Durham candidate this cycle, though not an outlier for municipal races.)
From the audience, Wallace also condemned Judge Shameika Rhinehart, the official tasked with swearing Kopac in, for Rhinehart’s past rulings in abuse, neglect and dependency court. And she called out a $2,500 donation that Kopac received from Durham county commissioner Nida Allam, who in August spoke to the press about Kopac’s opponent poking her.
Mayor Leonardo Williams quickly recessed the meeting and a police officer approached Wallace and asked her to leave. Wallace obliged, continuing to criticize Kopac and Rhinehart while being escorted out. Kopac’s family members, who had accompanied him to the front of the chambers for the ceremony, stood and watched, wide-eyed. The disruption lasted a little over two minutes.
Three days later, City Manager Bo Ferguson issued Wallace a notice of trespass, citing Chapter 46, Article VIII of the Durham City Code, which states that conduct deemed “unreasonably disruptive” is not legally protected.
Though the ban prohibits Wallace from entering city hall, she can still participate in public meetings remotely via Zoom. She can also request permission to enter the building for necessary business like paying a water bill.
Ferguson told the INDY that Wallace’s behavior met the threshold for “unreasonably disruptive” conduct because it interfered with “one of the most important functions of government”—the transfer of power.
“I understand other people may see the appearance of [the swearing-in] and think it is perfunctory, or see it as ceremonial,” Ferguson said. “But if that meeting did not happen, those council members would not be sworn in. There’s no wink and a nod—like, those things have to happen for a new council.”
Ferguson emphasized that the ban has nothing to do with the remarks Wallace made during the disruption.
“I don’t actually know what Ms. Wallace said. I am not judging her content. I am not offended by the content of her speech. Her behavior triggered consequences that are spelled out in the city’s ordinances.”
Ferguson said he alone decided to issue the trespass notice. He did consult Williams, mayor pro tem Javiera Caballero, and city attorney Kim Rehburg on the matter, he said, but those three did not direct him to make the decision, nor do they have the authority to.
The city is not pursuing criminal charges against Wallace, though if Wallace reenters city hall, she could be arrested, according to city code.
The ban’s length, two years, is the maximum allowed duration.
Wallace plans to appeal the notice.
“I try to come to all of the city council meetings—not just the regular sessions, but the work sessions,” Wallace told the INDY. “Now, all of these important decisions are about to be made about the city I live in, and I can’t even come to the city council meeting to make my voice heard.”
The trespass comes on the heels of Wallace being served a no-contact order from Durham County. Wallace was also previously served a no-contact order from the Durham County Department of Social Services in 2022.
Receiving the trespass notice from Durham’s city manager feels “like another act of repression and retaliation for just simply expressing my freedom of speech,” Wallace said. (Ferguson told the INDY he is generally aware of Wallace’s friction with the county, but that it was “not a major consideration” in issuing the trespass.)
Wallace told the INDY she interrupted Kopac’s swearing-in ceremony because she believes the race between Kopac and then-council member DeDreana Freeman demonstrated how money can determine outcomes in local races, particularly when a challenger defeats an incumbent with established community ties. Kopac won his seat in a tight race against Freeman, who had served on the council since 2017 and raised a third of the money Kopac did this cycle.
“It’s not about him as a person. It’s about what he represents,” Wallace said of Kopac.
While Kopac pledged during his campaign not to take money from “corporate development PACs” or “individual people who may come before council with rezonings or annexations,” he did receive donations from people with real estate interests, as did other candidates. Wallace argues the fact that Kopac received donations from people in the real estate field indicates that development interests could overshadow community needs when he votes on the dais.
Kopac has previously defended his campaign fundraising to the INDY—on election night, he said he was proud that his campaign money allowed him to pay campaign staff a living wage while getting the message of his candidacy out through yard signs and other campaign materials. Kopac’s campaign finance reports also indicate grassroots support, he said. Nearly a third of the donations he received came in amounts of $50 or less.
When reached for comment about the trespass notice, the disruption of his swearing-in, and Wallace’s various allegations against him, Kopac reiterated that he is proud of the financial support he received and said he remains focused on serving Durham residents.
“I’m honored to have the opportunity to serve on council, and I’m here to do the people’s work, regardless of how other people choose to act,” Kopac said.
Kopac also said that the city manager’s decision to trespass Wallace is “not what I would have asked for, if the decision was about me.”
“But ultimately,” he said, “it’s not about me,” it’s about respecting democratic institutions.
Kopac said he is open to the ban being reconsidered by Ferguson if Wallace appeals and agrees to follow meeting decorum rules.
The trespass notice marks a rocky start for the newly configured council. In tense opening remarks at their December 15 meeting, the mayor and several council members split sharply on the decision.
Williams and Caballero defended the city manager’s decision to issue the notice and characterized Wallace’s disruption as impeding the peaceful transition of power.
“We don’t get to demonize things like January 6 and then accept it at the local level,” Williams said, adding that adding that “we cannot name fascism, oppression, racism, all of those things at the national level, and be OK or somehow lenient with them at the local level.”
Council members Chelsea Cook and Shanetta Burris, meanwhile, expressed distaste for the trespass.
“Trespassing a resident from this building that’s meant for public discourse is something that should be a last resort,” Cook said. “There were no threats of harm or violence. The person was asked to leave and did so.”
“I believe that matters of that nature should be discussed publicly and by all council members,” Burris said. “If we’re going to fight authoritarianism at the national level, we can’t silently try to silence people at the local level.”
Only the city manager has the authority to issue trespass notices, according to city code.
At the city council’s work session on December 16, six people spoke during public comment in support of Wallace and against the trespass notice.
“There is a contradiction between how some of you speak about civil disobedience elsewhere,” Donald Hughes said, addressing the council, “and how you treat it right here at home.”
Several speakers took aim at Williams’ comparison of Wallace’s disruption to the January 6 insurrection.
“January 6 was a coordinated violent attempt to overthrow the federal government,” said Angel Iset Dozier. “What occurred at City Hall on December 1 was neither violent nor coordinated nor an effort to seize power.”
Wallace herself also spoke, via Zoom.
“This trespass notice prohibits me, as a resident of this city, from coming into the people’s house to express my grievances,” Wallace said. “This city has absolutely lost its mind if it thinks they have the power to do that.”
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