Report By Calvin Ishee
OCEAN SPRINGS, MS – As a journalist covering local government in Pass Christian, I’ve seen firsthand what happens when city officials don’t like being questioned.
Public records suddenly become harder to access, officials dodge direct answers, and retaliation isn’t off the table. That’s why I’ve been closely following what has been happening in Ocean Springs, where local government appears to be actively working to suppress investigative reporting.
At the center of the latest controversy is journalist E. Brian Rose, who has formally notified the city of his intent to file a federal lawsuit against multiple officials. But if you ask the city, they’ll tell you a much different story, one that conveniently downplays the real issue at hand.
City Attorney Downplays Severity of the Issue
In what appeared to be an intentional effort to mislead the public, city officials in Ocean Springs misrepresented the content of an impending federal lawsuit being filed by Rose, according to documents released today.
During a recent Board of Aldermen meeting, acting City Attorney Will Norman framed the lawsuit as being solely against City Clerk Patty Gaston and centered on a candidate background check controversy. However, this narrative could not be farther from the truth.
In reality, the lawsuit targets the City of Ocean Springs and multiple officials for a pattern of unconstitutional retaliation against protected speech, which seems to be part of an effort to silence critical reporting, rather than addressing the conduct being exposed.
Intentional Misinformation by City Officials
At the February 4th meeting, Republican Party representative Jon Rivera announced his committee will no longer be utilizing city resources to vet candidates after the City Clerk’s office sent ultimatums to candidates, telling them to waive their rights to privacy or be taken off the ballot. Rivera said he confirmed with the Secretary of State the demand was unlawful.
“A requirement for waiving the rights in a law enforcement run background check for our purposes is not required and is not called for under the promulgation of the law,” Rivera stated. “Our committee opted to withdraw from that process and as I said we found a better way to do it using the open sources from the county and city databases.”
Immediately following Rivera’s statements, City Attorney Norman chimed in. “Mayor, if I can double down on what he said, I’ve had the same conversation subsequently with the Secretary of State’s office who confirmed everything he’s confirmed here tonight,” Norman said.
Without pause, Attorney Will Norman then stated:
“Also I know this was reported widely against the City Clerk’s office. I’d like a motion from the Alderman. I’ve got a letter from Mr. Eric Brian Rosenberg. This is dated December 10, 2024. This is directed at Ms. Patti Gaston here… he intends to sue Ms. Patty in her official capacity being the city and her personal capacity being herself… So just in the interest of public transparency, I’d ask a motion from the Board of Aldermen to accept this into today’s minutes.”
But if transparency truly was the target, Norman missed by a mile. The legal notices sent to the city paint a much broader picture — one that city officials have seemingly worked to obscure.
The City Clerk’s office then reinforced Norman’s misleading framing by placing his statement in the official minutes under the same header as the background check controversy, further cementing the false impression that the lawsuit was solely about that issue.
A Lawsuit Bigger Than the City Claims
In the referenced notification, Rose formally notified the city he intends to file a federal lawsuit that names not just Gaston but also the City of Ocean Springs, Mayor Kenny Holloway, Alderman Jennifer Burgess, and other officials as defendants.
The lawsuit, to be filed by attorney Dennis A. Creed, III of Creed and Hall Law Firm, alleges First Amendment retaliation, violations of the Mississippi Public Records Act, defamation, and other state torts.
The notice outlines a pattern of retaliatory actions taken by city officials in response to his reporting, including:
- Interference with his professional relationships to silence his investigative journalism.
- Obstruction of public records access, with the city selectively withholding documents.
- Defamation, with city officials making false and damaging claims in an effort to discredit his reporting.
Despite these details being made clear in legal notices, City Attorney Will Norman publicly downplayed the lawsuit, framing it as nothing more than a dispute over candidate background checks.
This misleading narrative was doubled down on by City Clerk Patty Gaston, whose office placed Norman’s statement in the same section of the official meeting minutes as the background check controversy — giving further credence to the false impression.
Manipulating the Public Narrative
By presenting the lawsuit as a singular complaint against Gaston, rather than a broader action targeting multiple city officials, the city has effectively shaped a misleading narrative for the public.
“This notice is not merely about seeking redress for the harm I have endured but about protecting the rights of every resident and journalist in Ocean Springs,” Rose wrote in his letter of intent to sue. “The First Amendment guarantees the right to free speech and the ability to redress grievances against the government. These rights are foundational to our democracy, yet the City of Ocean Springs has chosen to undermine them.”
Additionally, legal preservation notices were sent to Mayor Holloway, Gaston, Burgess, and several other officials, requiring them to preserve all communications, records, and evidence related to the case.
‘A Cowardly Approach’
Rose says he never intended to become part of the story but felt compelled to speak out after repeated acts of retaliation by city officials.
“The city has made it abundantly clear they don’t want critical reporting — period,” Rose said. “I’ve covered local governments across the Coast for decades, and Ocean Springs is the only one that has responded with outright vengeance and childish retaliation instead of addressing the issues being reported.”
According to Rose, city officials have weaponized their positions to discredit journalists rather than taking accountability for their actions.
“The mayor, multiple aldermen, the Chief of Police, and even the City Attorney have used public meetings to attack and discredit me personally,” he said. “And they always time their remarks to come after the public comment section, ensuring I have no opportunity to respond. That’s not leadership, it’s a cowardly approach to avoid accountability.”
Rose, who is a former military combat journalist and current managing editor of GC Wire, says the lawsuit lays out dozens of retaliatory actions — from city officials pressuring his former employer to fire him to coordinated smear campaigns — some of which were caught in secret recordings and written messages obtained by his team.
“The lengths they go to silence the press are truly staggering,” Rose added. “They aren’t trying to refute the facts. They’re trying to erase the journalists reporting them.”
The City’s 90-Day Deadline
Under Mississippi law, municipalities must be given 90 days’ notice before litigation can formally proceed in court. Rose has stated that while he remains open to discussing a resolution, the lawsuit will be filed in federal court if no meaningful action is taken by the city within that time.
“The residents of Ocean Springs deserve transparency and accountability from their elected officials, not a culture of secrecy and retaliation,” Rose stated in his legal notice.
As the lawsuit moves forward, it remains to be seen whether the city will continue its strategy of misdirection or finally acknowledge the full scope of the legal battle ahead. For those of us who report on local government, this case matters. If a city like Ocean Springs can get away with weaponizing its power against the press, other cities will follow. That’s why I’ll be watching closely… and I won’t be the only one.
Supporting Documents
The below PDF includes the 14 pages of documents delivered to the City Clerk’s office in December 2024. The purpose of the pending legal action clearly shows the subject matter is not what was represented by Attorney Will Norman at the meeting or by the City Clerk in the official minutes. Use the arrow buttons to scroll through document.
Notice-Packet-redacted
The below image is a screenshot from the official minutes of the February 4, 2025 Board of Aldermen meeting. Will Norman’s comments about Rose’s lawsuit are clearly – and erroneously – grouped under the same header as the background check controversy.
