Farmington council to weigh ordinance change amid free speech concerns

Farmington is set to consider changing Section 18-4-9 of the city code, a move that critics say could affect offensive electronic messages and raise free-speech concerns for residents posting in community groups or criticizing city officials online.

The city’s notice says the section "must be updated and amended due to the changes in technology and the need to clarify telephone harassment." The ordinance is scheduled for consideration at 5:00 p.m. Tuesday, May 26, 2026, at City Hall, 800 Municipal Drive in Farmington. An April 28 City Council agenda listed the item as "Proposed Ordinance - Permission to Publish - an ordinance amending Section 18-4-9 of the Farmington City Code," with final action also set for May 26.

What the proposal would actually change remains unclear in the public materials. The notice and agenda do not spell out the exact wording being added, and they do not define how any "offensive" online speech would be treated. That lack of detail is at the center of the constitutional concern now surrounding the measure.

Farmington’s city code is a broad collection of ordinances and policies adopted since the city was incorporated in 1872. The city makes council materials available through an online agenda center, legal notices page and uncodified ordinances page, part of a public-access system that also shows regular council meetings held on the first and third Mondays of each month at 7 p.m. in the Council Chambers.

The institutional split inside city government matters here. The Farmington City Attorney’s Office represents city departments and officials, while code compliance falls under the Farmington Police Department. If the ordinance stays broad or vague, residents could be left wondering whether a heated comment on social media, a post in a neighborhood group or criticism directed at an elected official might be treated as harassment.

That uncertainty is what has put the council under scrutiny as it revisits the language now. The city has said the amendment is meant to keep pace with technology and clarify telephone harassment, but it has not publicly detailed who prompted the change or how far the revision could reach once the council votes on May 26.