The letter said that growth happens, in part, as a result of "socially irresponsible behavior in the bedroom." The letter also states that "moderating birth rates" would be an effective way to limit growth, the suit said.
Kusner claims in his suit that Ward came to his home shortly after the letter was published and "made loud, demeaning and defamatory statements" to a woman at his house.
On July 10, Kusner was at the Jumpin Java restaurant in downtown Charles Town when he said Ward confronted him and demanded to know if he was the individual who wrote the Oct. 31 letter, the suit said.
"At that time and place, councilman Ward began shouting at Kusner and threatening him with physical injury should he ever again publish a letter identifying councilman Ward and his children in any respect whatsoever," the suit said.
The actions of Ward placed Kusner "in immediate fear of physical harm," the suit states.
Kusner suggested that the police should be called, the suit reads.
Ward asserted that the police were under his control and that the police chief was his "buddy," the suit states.
Kusner believed Ward's comments "could be understood in no other way and that he would use his governmental power and authority to seek reprisals against Kusner through police," the suit states.
Given Ward's actions, Kusner's rights to exercise his First Amendment rights "have been chilled - to say the least," according to the suit.
In his suit, Kusner is asking for a protective order or an injunction prohibiting Ward from coming to Kusner's house or prohibiting Ward to come any closer to Kusner than 50 feet. Other relief Kusner is seeking in the suit includes a declaratory judgment that Kusner's letter is protected speech.
Ward declined to comment on the suit and instead issued a statement.
Ward said there was a group of witnesses at Jumpin Java who can verify that it was Kusner who was acting improperly.
Aldridge said Wednesday that his department interviewed about 10 people as part of its investigation. After the incident at Jumpin Java, Ward, who was pushing a baby stroller, turned and walked away from Kusner, Aldridge said.
Kusner followed Ward out of the restaurant and yelled at Ward, Aldridge said. The police department's findings "did not match the scenario" that Kusner reported to police, Aldridge said.
Kusner alleged criminal assault in the case, but officials in the Jefferson County Prosecuting Attorney's office said the case did not meet the criteria for an assault charge, Aldridge said.
"And that was it," Aldridge said.
"I am stating publicly, on my honor, I have never threatened Mr. Kusner nor done anything illegal or improper toward him," Ward said in his statement.
In response to Kusner's belief that Ward would use his power to seek reprisals against him through police, Aldridge said Ward has never asked any favors of him.
"He is not a buddy, he is not a close friend," Aldridge said of Ward.
