House Speaker dismisses complaints against Albany County Democrat

Apr. 12—CHEYENNE — House Speaker Albert Sommers, R-Pinedale, announced Wednesday that he will dismiss the complaints against an Albany County lawmaker related to social media posts she made almost two weeks ago.

Rep. Karlee Provenza, D-Laramie, has faced criticism and national attention for a post she made March 31 on her Facebook and Instagram pages depicting "an older woman holding at her hip a scoped black rifle with an external magazine," and the words "Auntie Fa Says Protect Trans Folks Against Fascists & Bigots!"

Additional complaints were also made in reference to a post on her TikTok account after the video was reported by online outlets.

"This promotion of violence is abhorrent and should not be tolerated by the Wyoming Legislature," Wyoming GOP Chairman Frank Eathorne wrote to the House Speaker, requesting Provenza be stripped of all committee assignments. "It should be noted that a similar image was shared by Press Secretary to AZ Governor Katie Hobbs. After warranted public outcry, this official rightfully resigned.

"The Wyoming Legislature should never promote political violence — especially in the aftermath of the targeted attack on Christians by a transgender activist only one short week ago."

Although Sommers said he personally found Provenza's posts on social media "to be inappropriate, uncivil conduct for a member of the Wyoming House of Representatives that reflects a discernable lack of judgment," he made his decision based on the scope of the Joint Rule 22-1 to examine ethics complaints and its application to misconduct involving legislative duties. He also said he took into consideration the protections afforded to legislators under the First Amendment.

"Social media has become the preferred platform for political attacks in Wyoming and the nation. People and politicians no longer have to come face to face with someone to attack them or make a political point. Behavior on the internet has become beyond the pale at times," Sommers wrote in a prepared statement. "Social media can be used to spread misinformation, foster polarization, and aggregate tensions, representing the worst in politics and personal behavior. Still, it is imperative to remember that political expression is protected speech under the First Amendment to the United States Constitution and Article 1, Section 20 of the Wyoming Constitution.

"With this constitutional right also comes personal responsibility. We must remember that even constitutionally protected actions have the potential to deeply hurt others. Free speech is at times a messy thing."

LSO offers its analysis

The Wyoming Legislative Service Office provided Sommers with an analysis that said Provenza's social media posts didn't appear to be "misconduct involving legislative duties" as defined in Joint Rule 22-1. LSO officials added that through their research and knowledge, "the House has never previously disciplined a member for similar behavior through formal disciplinary procedures."

Misconduct involving legislative duties, as defined in the rule, encompasses a wide range of issues, from violating Article 3 of the Wyoming Constitution to "violence or disorderly conduct during legislative meetings, sessions or during the performance of legislative duties." The LSO broke down each of these areas and how Provenza's actions might apply, and Sommers consulted with House leadership in a meeting Tuesday on what the next step might be.

House Majority Floor Leader Chip Neiman, R-Hulett, attended the meeting, but didn't respond to a request for comment Wednesday.

Sommers came to the conclusion Provenza didn't post the meme during "performance of legislative duties" or violate other areas of the ethics rule.

"The Wyoming Legislature runs on its rules and traditions," Sommers said in the statement. "Only one Wyoming legislator in recent memory has been completely removed from committee assignments, and that was an action taken by the body for a course of alleged conduct during legislative sessions and legislative meetings. In another instance, a legislator during a legislative session posted a violent meme on social media in response to the body's action on a bill, and no disciplinary action was taken."

Sommers said he believes there is room in the future to "examine and debate the issue of social media with respect to legislative decorum." He said he hopes that the Management Council's Legislator Ethics Complaint Procedure Subcommittee will look into this during the interim.

The House Speaker acknowledged that Provenza had "recognized her conduct was hurtful and inappropriate." She wrote a letter of apology to her colleagues, and he said he appreciated and accepted the steps she took.

"I have written Representative Provenza a private letter of reprimand. If Representative Provenza in the future engages in conduct on the internet or during her performance of legislative duties that fails to meet the decorum of the Wyoming House of Representatives, then I will take further action," he said. "I do not believe it is my role as presiding officer to police all legislators' online activity, especially when they are not performing legislative duties."

He further stated that if he becomes aware of any further escalation of uncivil behavior online by any members of the House that breaches decorum, he will also take appropriate action.

"During the Easter season, I am particularly reminded of the importance of compassion for one another," he concluded. "In coming to this decision, I was guided by my personal belief in the rule of law and the traditions of the Wyoming Legislature, not what may be politically expedient."

Provenza reacts to decision

Provenza told the Wyoming Tribune Eagle following Sommers' decision that it wasn't up to her to decide whether it was fair or not. She said the body will make the judgment call, and history will have the final say.

"The Speaker followed the Constitution and state statutes, and our rules and procedures," she said Wednesday evening. "I've respected the decision-making authority of the Speaker in the past and several times through the session, so I will respect it now."

She said she intended the posts to only be seen by her friends, family and community members who she knows personally, and who understand her perspective. She assumed that they would know her belief systems, and never meant the post to be a threat of violence in any way.

"What I intended my post to convey, and what I have endorsed publicly on the House floor, is support for the use of the Second Amendment to protect trans people who are facing increased levels of violence," she explained. "What is implied in that meme is the same message that is readily assumed and applied for anyone who endorses the use of the Second Amendment to protect ourselves and our families. So, ultimately, it comes down to protection equates to defense, which is viewed much differently than committing violence."

Provenza referenced the caption of the meme she shared on her Facebook page, which originated from an Off Color Decals Instagram page. It was recognizing the Trans Day of Visibility.

"We've been quiet because it's been somber and stressful in TN this week," the caption read. "There were several TDoV and 'Drag Ban' related events scheduled for today and Saturday in Nashville that had to be canceled because of the increased anti-trans rhetoric online and throughout the city in general."

It went on to address local queer organizations being on red alert, and said it was important to "take the time to post at last something today to acknowledge our trans comrades."

The caption concluded with, "You are seen. You are loved. And so long as we're still breathing, you will be protected."

The Albany County Democrat said she recognized the meme could be seen as crude by many people's standards, but she reiterated she was intending to support those who are struggling with violence right now.

Walking away from the experience, she said the lesson she learned is that private social media doesn't exist as a state lawmaker. She said she now understands anything can be construed the wrong way.

She said her apology was sincere and genuine, and she plans to walk back into committee meetings and the next session with her head held high. Provenza said she has grown from this experience, and added the impact of the meme is what she is most apologetic for.

"It pains me to consider that the families in Tennessee feel that there's a legislator in Wyoming who does not take their pain and grief to heart," she said. "That's absolutely not the case. And it tears me up to think that they might think otherwise.

"It's also deeply saddening to me that loved ones of other victims of violence are also grieving, and do so with each new school shooting. Our country is constantly hurting and in pain and recovering from the last tragedy, which is happening weekly at this point. And my failure to recognize that words could be used to hurt people is something that I'm truly sorry for."

She also was upset that her post was used against transgender people, and said it inadvertently increased violent rhetoric around them.

"I just wish I had the foresight to have prevented that," she said. "Because we know they suffer from so much more violence than anyone else. And it's just not fair to have dragged them into this discussion."

Jasmine Hall is the Wyoming Tribune Eagle's state government reporter. She can be reached by email at jhall@wyomingnews.com or by phone at 307-633-3167. Follow her on Twitter @jasminerhphotos and on Instagram @jhrose25.