Descriptions Of Organizations Denied Beacon’s $20,000 Community Investment Grant So That Committee Member Could Receive $7,550 To Ship Globally

/

Picking one or three or eight local organizations in a small city town to receive grant money will always be hard. Scrutiny will exist no matter what the choice. Jealousy will be around every corner. But the awarding of Beacon’s 2024 Community Investment Grant was just odd. Brazen, in fact. Of the $20,000 Community Investment Grant, $2,450 was left un-awarded. Saving the money for a rainy day? Two applicants were farmers. Farmers can use rain.

Let’s take a look at the five other organizations who applied for the City of Beacon’s $20,000 Community Investment Grant, but were denied. But first…

Background On The Scrutiny

(If you didn’t read yesterday’s article covering this in depth, a recap is below)

The following five Beacon local organizations applied for and were denied funding for this hyper local grant. The three organizations who were awarded funding by the City Council at the recommendation of the Parks and Recreation Committee either share an office with the Recreation Department, or are on the Recreation Committee itself who made the award recommendation.

Beacon’s City Administrator Chris White said half of the Recreation Committee members were not “interested in this task” of vetting and recommending organizations for awards. Yet, they recommended Recreation Committee Member Sarah Dwyer-Shick to get $7,550 for her organization The Sports Bra Project that a newspaper article says has an office in Beacon, but mainly ships sports bras to people all over the world. Sarah’s name was nowhere on the Application Log, nor on her organization’s website, nor brought up during the City Council Meeting, despite City Administrator Chris, Mayor Lee Kyriacou and Councilperson Amber Grant vouching that this was a Beacon-specific organization. The Sports Bra Project’s impact to adults and children living in Beacon, or how it exceeds the other applicants, has yet to be determined.

City Administrator Chris agreed with Beacon’s attorneys at Keane and Beane that Common Ground’s application, on behalf of its markets, which include the Beacon Farmer’s Market by way of the food benefits program Green4Green, which gives people with low income money to shop farm fresh produced and baked goods, would serve people outside of Beacon. It is not clear how the Sports Bra Project, which seems to ship product manufactured elsewhere to people primarily in other countries, is not not serving people “outside” of Beacon. If it is because the organization’s founder might live in Beacon (not confirmed), then it should be noted that the other leaders of the organizations who applied also live in Beacon, so this qualification does not seem dominant.

After City Administrator White pushed to close this part of the meeting so that it could move to a legislative vote, he mentioned that the Recreation Department needed to get back to bigger projects, like South Avenue (by Loopers basketball and tennis courts) and Wee Play (the tot park at Memorial Park that received City investment for upgrades). Of the applicants, both Land to Learn and Compass Arts work with kids and teachers at South Avenue Elementary in their programming. The financial diversity Parks and Recreation Director Mark Price speaks of doesn’t seem to be represented here, when published in his 2024 CIG Application Memo: “We have selected three applicants that we would recommend awarding funding to in 2024. This recommendation, I believe, allows for a diversity of funding across several initiatives.”

Organizations On The Recreation Department Cutting Room Floor

Bannerman Castle Trust
The Trust is dedicated to bringing together resources and funding to stabilize the buildings on Pollepel Island. The Trust raises awareness and educates the public and government organizations on the value and history of the island. The Trust raises funds for repairing the island, and creating a master plan and eventually stabilizing the structures.
Contact: Kelly Ellenwood
Purpose: 30th Anniversary Community Cruise to Bannerman Castle
Proposed Use Of Funds:
Community Outreach, Flyers, Postcards, Bulk Mailing, Community Outreach, Programming Tour guide
Requested Amount: $2,000

Common Ground Farm
Common Ground Farm supports and engages the community by fostering access and connection to fresh food and local agriculture through farming, education, and farmers’ markets. Common Ground runs the Beacon Farmer’s Market, located on Main Street in Beacon.
Contact: Sember Weinman
Purpose: Common Greens Partnership
From Common Ground’s website: “Greens4Greens is a food benefit incentive program, started in 2016, that creates greater food access for shoppers at the Beacon Farmers’ Market, the Newburgh Farmers’ Market, and the Common Greens Mobile Market. Eligible state funded food benefits are matched dollar for dollar through Greens4Greens, making the farmers’ market more accessible to a wider base of consumers. The program has been completely community funded through contributions made by local businesses as well as the annual 'Soup4Greens' event. Our 2024 Soup4Greens event raised over $8000 thanks to the generous soup and pottery donations.”
Proposed Use Of Funds:
Greens4Greens coupons to be redeemed across our markets, doubling the purchasing power of many people who use benefits
Requested Amount: $6,400

Compass Arts
The mission of Compass Arts is to create healthy, just, equitable, and resilient communities through arts based classes, performances, and events rooted in exploration, collaboration, creation, and play.
Contact: Gina Samaridge
Purpose: Free Community Arts Activities Table Program
Requested Amount: $6,500



Land To Learn
Land to Learn is growing a movement for food justice and community wellness through garden-based education. Land to Learn’s in-school program brings garden-based education to 2,000 k-2 students in 10 public elementary schools throughout New York’s Hudson Valley region.
Contact: Stefan
Purpose: SproutED Program for Beacon Schools
Proposed Use Of Funds:
South Avenue Garden Revitalization Spring/Summer 2024
Requested Amount: $5,000

Roll Out FBS
(Assuming this is Foundation For Beacon Schools (FBS), but it’s not indicated on the Applicant Log)
Foundation For Beacon Schools (FBS) vision is for Beacon’s public schools to be at the leading edge in creating a learning environment in which all students are able to find and cultivate their talents, live purposeful, fulfilling, and vibrant lives, and carry their gifts into the future.
Contact: Lauren Adelman
Purpose: Community Art Event
Proposed Use Of Funds:
School workshops, community workshops, public event, teaching artists, supplies
Requested Amount: $3,500

Grant Winners

Sports Bra Project
The Sports Bra Project increases access to sports for women and girls by removing barriers to participation. They provide sports bras to athletes who don’t have access to such a basic piece of equipment.
Contact: The contact on this was an email for the generic admin@thesportsbraproject. But we we now know is Recreation Committee Member Sarah Dwyer-Shick, thanks to a newspaper article mentioned by Councilperson Amber Grant. However, Councilperson Amber did not mention Sarah’s name when she referred to the article. No one spoke Sarah’s name during the meeting.
Purpose: Sports Bra Bank
Proposed Use Of Funds:
Storage bins, bras, support and outreach materials
Awarded Amount: $7,550

Beacon Repair Café
(Located inside of the Recreation Department Office)
The Repair Café idea was born in Amsterdam in 2009 and was brought to New Paltz by volunteer organizer John Wackman in 2013. His dedication, enthusiasm and success inspired others to launch Repair Café events in their communities.
Contact: fromer@sustainhv.org (Repair Café’s fiscal sponsor is Sustainable Hudson Valley)
Purpose: Repair Café
Proposed Use Of Funds:
Materials and Supplies, lunch for volunteers, outreach
Awarded Amount: $1,000

Cornell Cooperative Extension of Dutchess County
(aka Green Teen, located inside of the Recreation Department Office, but nowhere in the Applicant Log does it specify Green Teen…This was only stated in the City Council Meeting…So it is not confirmed if this is going to Beacon’s Green Teen, or Cornell Cooperative Extension’s Positive Youth Development Program at large)
Contact: jr825@cornell.edu
Purpose: Positive Youth Development Program
Proposed Use Of Funds: Youth wages, Staff wages
Awarded Amount: $9,000

Beacon Recreation Committee and City Face Scrutiny For Allocating 37% of $20,000 Community Investment Grant To Committee Member's Global Organization, Denying Food Benefits To Farmer's Market And More

/

During Monday’s combined Workshop/City Council Meeting, where the Council blends two meetings into one night during the summer months (first the brainstorming Workshop meeting, followed by the voting in of some of those items discussed), the Council was presented with recommendations from the City of Beacon’s Parks and Recreation Committee on who to award $20,000 of the City’s Community Investment Program to, a program in its third year.

According to the City Administrator Chris White, half of the Recreation Committee was disinterested in this vetting and voting process, yet did award one of their own committee members 37% of the available funds. To announce the recommendations of which organizations should be awarded during Monday’s July 1st City Council Meeting, the Park and Recreation Director Mark Price, who led the process, was not in attendance. When Mayor Lee Kyriacou mentioned Mark, City Administrator Chris responded: “I think Mark forgot.” Mayor Lee asked if Chris wanted to delay the presentation, to which Chris answered: “No. We were going to award these in April or May, so we are well beyond that. I don't think this is that hard.” Chris then presented the recommendations.

The three recommended organizations were awarded just shy of the total available ($17,550):

  • Beacon Repair Cafe, which shares an office with the Recreation Department, received $1,000.

  • Green Teen, which shares an office with the Recreation Department at 23 West Center Street, received $9,000.

  • Sports Bra Project, run by Recreation Committee Member Sarah Dwyer-Shick, received $7,550.

The Recreation Department’s memo from Recreation Director Mark Price to City Administrator Chris states that it is up to City Council to make the final decision: “Ultimately, we know the decision to which applicants are funded lies in the hands of the Beacon City Council. In a review of all of the applications, we have selected three applicants that we would recommend awarding funding to in 2024. This recommendation, I believe, allows for a diversity of funding across several initiatives.”

City Administrator Chris told the Council that half of the Recreation Committee was disinterested in this vetting and voting process. He stated: “The Council asked that the Recreation Committee vet these applications and come back with recommendations. They did that this year. We did have trouble getting them engaged in this. About half the Committee really was not interested in this task. I do want to let the Council know. People who signed up for Recreation were probably more thinking about how to direct the future of Recreation, rather than a grant program.”

Those who did vote, voted for Committee Member Sarah Dwyer-Shick’s organization, the Sports Bra Project, which received 37% of the grant, totaling $7,550. Sarah herself did not seem to vote, according to the Applicant Log. The Sports Bra Project aims to help girls all over the world receive sports bras.

Listed on the Sport Bra Project’s website is an address of 369 Main Street #1082, Beacon NY 12508, which is the Beacon Post Office. The organization’s summary for what the money would be used for was “storage bins, bras, support and outreach materials.” City Administrator Chris stressed: “Their goal is to facilitate participation for females in sports and physical actives by making accessible sports bras. This [grant] would be for storage containers and the actual bras themselves.”

It was not clear if the organization makes sports bras, or accepts donated sports bras and ships them all over the world. Sarah’s name is also not on the Sports Bra Organization’s website.

Sarah Dwyer-Shick of The Sports Bra featured in the Highlands Current.

Councilperson Paloma Wake asked: “Can you just describe the sports bra project a little bit more? It's not totally clear to me what the program does. Probably helpful for the community to hear how they can access this if it applies to them.”

City Administrator Chris answered: “Their goal is to facilitate participation by females in sports and activities for accessibility.” On the Sports Bra Organization’s website, girls from all over the world are holding bras in pictures.

Councilperson Amber Grant stated: “I will also say that this program was featured in the Highland Currents for their work in Beacon. I just looked them up. I was like: ‘Is this a Beacon based organization?’ And they are. If anyone wants to see the article in the Highland Currents, I'm sure you can Google it.”

The article, which was published in December 2023 and the grant application process opened 2 months later in February 2024, shows Sarah in a photo with storage bins in what the newspaper says is her one-room office in Beacon in a building on Henry Street. There is one office building on Henry Street. The Beacon Post Office, which is listed as the Sports Bra Project’s address, also abuts Henry Street. Mayor Lee Kyriacou also weighed in on the Beaon-ness of the organization, by saying: "I know it's a Beacon-specific organization." Neither Councilperson Amber, nor City Administrator Chris, nor Mayor Lee mentioned at this point, or at any point during the meeting, that the organization they were asking about was founded by Beacon Recreation Committee member Sarah.

City Administrator Chris was eager to end the discussion and move on to vote on it. “We have a proposal that we have a Resolution lined up for you to vote on this. We have $20,000. We didn't quite award the whole thing. I think at this point, our Rec Department needs to move on.”

Who Serves On The Recreation Committee These Days?

Serving on the Recreation Committee are Benjamin Swanson (Executive Assistant for the City of Beacon), Larry Clark, Justin Lynch, Christina Ricottilli, Heidi Kitlas (Executive Director of Soul Ryeders, married to Highlands Current reporter Jeff Simms and hiking buddy of Sarah’s over at Soul Ryeders ), Jim Eve, Hayley Richardson, Sarah Dwyer-Shick (Founder of The Sports Bra Project and DOC of East Fishkill Soccer Club (recreation).

Of this Committee, it was not mentioned who may not have voted at all, which seems to be half of the Committee not voting. From the Recreation Committee’s Applicant Log, not voting were Sarah Dwyer-Shick, Hayley Richardson, Justin Lynch, and Jim Eve. The Applicant Log was included in the Council’s packets, but not read aloud to the public.

How Many Organizations Applied?

City Administrator Chris did not mention how many applicants applied, nor did he name them. Even though they were in the Council’s packet and on the City’s website. Only people who were digging for this information would have to find this on the City’s website and click to download it. Normally, when the Council wants to make sure something is heard, they read it to the public.

City Administrator Chris stated: “We did get enough responses, that Mark Price is recommending that we fund 3 projects.” Eight applications came in total.

Which Organizations Were Denied?

Applicants who were not awarded were organizations heavily invested in Beacon, especially the youth, and included Bannerman Castle Trust, Common Ground Farm, Compass Arts, Land to Learn, and Roll Out Of FBS.

Common Ground was voted for by those in the Committee who voted, but City Administrator Chris said that Beacon’s attorneys deemed Common Ground ineligible because it “benefits people outside of Beacon.” However, Common Ground manages the Beacon Farmer’s Market, which sets up in the heart of Beacon on Main Street each Sunday.

Common Ground’s application stated that the funding would double the food benefits that people with low income use at the Beacon Farmer’s Market. They stated: “Greens4Greens coupons to be redeemed across our markets, doubling the purchasing power of many people who use benefits.”

But, City Administrator Chris added another reason for why Common Ground was denied: “Also, this was just a gift to people.” It is not clear what a “gift” is and why a gift of farm fresh food at the Farmer’s Market landing in the hands of many people wouldn’t count, since storage bins to one person are certainly a gift to anyone, especially ones that can be purchased for $7,550.

Initially, City Administrator Chris did not mention that it was Common Ground which was denied. Councilperson Dan Aymar-Blair asked which one it was. At that point, City Administrator Chris moved to wrap up the discussion.

The Council voted unanimously to award the three organizations that the Recreation Committee recommended.

Monday's 6-17-24 City Council Workshop Meeting Agenda - What's On Deck

/

Monday's 6-17-24 City Council Meeting - What's On Deck

/

Tuesday's 6-18-24 City Council Zoning Agenda - What's On Deck

/

The Zoning Board of Appeals will meet on Tuesday, June 18, 2024, at 7:00 PM, in the Municipal Center courtroom, located at One Municipal Plaza, Beacon, New York.

  1. Approval of the May 21, 2024, minutes

  2. Continued review and public hearing for the application submitted by Jason and Jodi McCredo, 11 Highland Place, Tax Grid No. 30-6054-31-327768-00, in the R1-5 Zoning District, to relocate the driveway to the front of the home, which requires relief from the following:  Section 223-26 C. (1) Location. The off-street parking facilities which are required by this section shall be provided on the same lot or premises with such structure or land use; except that off-street parking spaces required for structures or land uses on two or more adjoining lots may be provided in a single common facility on one or more of said lots, provided that a binding agreement, in a form approved by the Corporation Counsel, assuring the continued operation of said parking facility during the life of the structure or the land use the parking is designed to serve, is filed on the land records prior to approval of the plans for said parking facility. In any residence district, no off-street parking facility shall be developed in any required front yard or in any required side or rear yard adjacent to a street line or in any other side or rear yard within five feet of the lot line. However, off-street parking spaces shall be permitted in residential districts as indicated in §223-17C.

  3. Review and hold a public hearing for the application submitted by Robert Martin, 907 Wolcott Avenue, Tax Grid No. 30-5954-52-967609-00, in the R1-10 Zoning District, to allow the addition of a second floor to the existing single-family home, which requires relief from the following: Â Section 223-17 D. to allow for a 5 ft side yard setback (east yard) (15 ft required)

More details can be found here >

Tuesday's 6-11-24 Planning Board Agenda - What's On Deck

/

The Planning Board will meet in the Municipal Center Courtroom at 7:00 p.m. A work session will take place at 7:00 p.m. for a training workshop, discussion of agenda items and/or topics of interest to the Planning Board. The regular meeting will begin immediately thereafter, but no later than 7:30 p.m.

Peek at the details below…

  1. Approval of May 14, 2024, minutes

  2. Continue public hearing and continue review of application for Site Plan Approval and Special Use Permit, car dealership, 410 Fishkill Avenue, submitted by Carvana, LLC c/o Jenn Roldan.

  3. Public hearing and continue review of application for Subdivision Approval, residential, 39 Howland Avenue, submitted by John Vergara.

  4. Continue review of application for Site Plan and Subdivision Approval, Mixed-Use Commercial and Residential, 45 Beekman Street, High Street, and High Street, submitted by Beekman Arts Center LLC and Bay Ridge Studios LLC.

  5. Review of application for Site Plan Approval, roof top deck, 47 E Main Street, submitted by East Main Beacon LLC.

Miscellaneous Business

  1. Consider request for one 90-day extension of Site Plan and Subdivision Approval, 37 units, “Beacon Views Townhouses†at Conklin Street, submitted by Beacon Views LLC.

  2. Consider request for two (2) six-month extensions of Special Use Permit Approval, Hotel & Accessory Conference/Event Space and Cafe, submitted by Prophecy Theater, LLC.

  3. Consider request for one (1) year extension of Site Plan Approval, three (3) story commercial project at 536 Main Street, submitted by HRSM, LLC.

Architectural Review

  1. Certificate of Appropriateness – 146 Main Street; Sign

  2. Certificate of Appropriateness – 2 E Main Street; Sign

  3. New Single-Family House – 49 Townsend Street, Lot 10

  4. Certificate of Appropriateness – 18 South Street; Façade

  5. Certificate of Appropriateness – 36 Russell Avenue; Façade

  6. Certificate of Appropriateness – 512 Main Street; Sign

  7. Certificate of Appropriateness – 246 Main Street; Façade

More details can be found here >

Monday's 6-3-24 City Council Meeting Agenda - What's On Deck

/

Tuesday’s 5-21-24 City Council Zoning Board Meeting Agenda - What’s On Deck

/

Monday’s 5-20-24 City Council Meeting Agenda - What’s On Deck

/

Tuesday's 5-14-24 Planning Board Agenda - What's On Deck

/

The Planning Board will meet in the Municipal Center Courtroom at 7:00 p.m. A work session will take place at 7:00 p.m. for a training workshop, discussion of agenda items and/or topics of interest to the Planning Board. The regular meeting will begin immediately thereafter, but no later than 7:30 p.m.

Peek at the details below…

  1. Public hearing and continue review of application for Site Plan Approval and Special Use Permit, car dealership, 410 Fishkill Avenue, submitted by Carvana, LLC c/o Jenn Roldan.

  2. Continue review of application for Amended Site Plan Approval, 11 Mirbeau Lane, submitted by Mirbeau of Beacon, LLC (Edward Kellogg).

  3. Continue review of application for Amended Site Plan Approval, 248 Tioronda Avenue, submitted by Beacon 248 Holdings LLC (Bernard Kohn).

  4. Continue review of application for Subdivision Approval, residential, 39 Howland Avenue, submitted by John Vergara.

  5. Continued review of application for Site Plan and Subdivision Approval, Mixed-Use Commercial and Residential, 45 Beekman Street, High Street, and High Street, submitted by Beekman Arts Center LLC and Bay Ridge Studios LLC.

  6. Review of application for Site Plan Approval, 19 Henry Street, townhomes, submitted by Lori Joseph Builders, Inc.

Architectural Review

  1. Certificate of Appropriateness – 1201 North Avenue; Façade

  2. New Single-Family House – 144 Spring Valley Street

  3. Certificate of Appropriateness – 265 Main Street; Sign

  4. Certificate of Appropriateness – 512 Main Street; Sign

  5. New Single-Family House – 290 South Avenue

  6. Certificate of Appropriateness – 246 Main Street; Façade

Miscellaneous Business

  1. Consider request for a six (6) month extension of Special Use Permit, 16 West Main Street, submitted by JMC Planning Engineering Landscape Architecture & Land Surveying, PLLC.

More details can be found here >

NYCLU Says Beacon's City Administrator Chris White Violated The Open Meetings Law For Blocking Ceasefire Sign and Calling For Arrest Of Citizens

/

Beacon’s City Administrator placing his hands on a pro-Palestinian, anti-genocide protester at Beacon’s City Council and Mayoral Swearing In Ceremony while Congressman Pat Ryan spoke.

Senior Staff Attorney for the NYCLU (New York Civil Liberties Union), Beth Haroules, sent notice to The City of Beacon’s Administrator Chris White, Mayor Lee Kyriacou and the City Council that City Administrator Chris’ behavior violated the Open Meetings Law during Beacon’s Swearing-In Ceremony for City Council and Mayor on January 6, 2024 when Chris prevented the protesters from silently holding their Pro-Palestinian and anti-genocide banner that read “Ceasefire” while Congressman Pat Ryan gave remarks.

The letter described the scene, which has been published in full below, and includes description of public video footage of both the ceremony from the front of the room where the Mayor was, and the disruption in the back of the room by the City Administrator. That video footage has been published at the bottom of this article.

“We urge the City to avoid treating silent protestors who may attend City meetings and events this way.”
— Beth Haroules, Senior Staff Attorney at the NYCLU

The Letter, Republished In Full

Dear Mayor Kyriacou and City Administrator White:

On behalf of the New York Civil Liberties Union, we write to express our concerns about the events surrounding a peaceful and silent protest conducted at the Beacon Mayoral and City Council swearing-in ceremony on January 6, 2024 by residents of Beacon who were attending this public event. We urge the City to avoid treating silent protestors who may attend City meetings and events this way, and to respect the First Amendment rights of protesters going forward.

“The silent protesters did not shout or interrupt Representative Ryan – they simply told the people holding down the banner that they would not let it go.”
— Beth Haroules, Senior Staff Attorney at the NYCLU

The Events of January 6, 2024

The Memorial Building, where the Swearing In Ceremony took place in Beacon on January 6, 2024.

The swearing-in event was held at the Veterans Memorial Building, owned by the City of Beacon and currently occupied and used by the Veterans of Foreign Wars (“VFW”). It was a governmental event that was very much open to the public. During the swearing-in event, Mayor Kyriacou introduced U.S. Representative Pat Ryan to address the gathering.

Representative Ryan has been greeted at his public speaking events by various of his constituents requesting that he support a ceasefire in Gaza. As Representative Ryan began to speak, four people (three of whom are residents of Beacon, all of whom are Representative Ryan’s constituents) who were sitting in the last row of seats stood up and unfurled a small black cloth banner that read “Ceasefire” in white letters.

“Nevertheless, the City Administrator directed the police officers in attendance to arrest these peaceful protesters. The officers indicated that they would not arrest anyone unless a VFW representative asked them to do so..”
— Beth Haroules, Senior Staff Attorney at the NYCLU

Christopher White, the City Administrator, and several people in attendance immediately moved to the side of and behind these four silent protesters and tried to hold down the banner. The silent protesters did not shout or interrupt Representative Ryan – they simply told the people holding down the banner that they would not let it go. The videotape of the swearing-in event, with a camera angle on Representative Ryan and the Mayor and other members of the City Council, shows that no one at the front of the hall appeared to be disturbed. No one even turned in their seats or appeared to be looking at the back of the VFW Hall. Representative Ryan continued his remarks, undisturbed and without pause. The videotape of the swearing-in event revealed no other noises in the hall other than the Representative’s remarks to the audience.

Nevertheless, the City Administrator directed the police officers in attendance to arrest these peaceful protesters. The officers indicated that they would not arrest anyone unless a VFW representative asked them to do so; they immediately apparently got that request and moved to arrest these silent protestors. Threatened with arrest, the peaceful protesters, one of whom was carrying an infant in a chest carrier, left the swearing-in event, escorted by police officers.

Preventing the Protesters from Silently Holding Their Banner Violated the Open Meetings Law

New York’s Open Meetings Law 3 (“Open Meetings Law”) provides members of the public with the right to observe and listen to a variety of meetings of public bodies. Several Open Meetings Law Advisory Opinions expressly address signage. In Open Meetings Advisory Opinion 52964, the Committee on Open Government of the State Department of the State of New York (“Committee”) provided guidance on the ability of government bodies to regulate signs at meetings open to the public. In doing so, the Committee listed as primary considerations: whether signs would be disruptive or obtrusive, whether the signs or sign holders would block a person from observing the proceedings or block an exit or create a fire code violation or would be obscene. [In the absence of these factors, the Committee indicated that signs should not be barred from an open meeting?] None of these circumstances existed at the swearing-in event. The peaceful protesters stood holding their banner in the last row of seats at the back of the hall and were silent throughout except to the extent that they told those seeking to push down the banner that they simply would not let it go. None of this exchange is even reflected in the video recording of the swearing-in event.

The Removal of the Protesters Upon Threat of Arrest Clearly Violated the First Amendment.

It is also well-settled that anyone may attend meetings of local public bodies in New York. This right of access is guaranteed by New York’s Open Meetings Law, 5 the First and Fourteenth Amendments to the United States Constitution and Article I, section 8 of the New York State Constitution. The only restrictions on this right of public access relate to keeping order in the meeting. Though the Council is authorized to adopt rules for its operations,6 its authority is not unlimited. Indeed, to the extent that the City Council Meeting Rules in effect at that time applied to that gathering, they did not address signage and cannot be interpreted to have prevented the attendees from silently holding the banner at the swearing-in event.7

Events like the swearing-in event are a “limited public forum” and, as such, any limitation on speech must be reasonable in light of the purpose of the forum.8 Further, any restrictions imposed must be viewpoint-neutral.9 Accordingly, a governmental body may not use an improper reason, such as a dislike for a particular speaker’s viewpoint, as a basis to silence a person or exclude them from a public meeting, which is what apparently happened here.10

The protection of public access to open meetings serves fundamental constitutional values. The purpose of an open, public government meeting is to allow the public to understand, inform, petition and influence its government. In light of this purpose, it was patently unreasonable to prevent these Beacon residents from petitioning their elected official, Representative Ryan, to threaten to have the silent banner holders removed from the event space, and to threaten their arrest Conclusion

Permitting citizens to engage with their government is a critical role of public officials in a democracy. We request that you review the events that took place at the swearing-in event, acknowledge that the city of Beacon should have let the protesters hold their banner and not be threatened with arrest, and ensure that such events going forward are handled consistently with the First Amendment and applicable New York State law.

We are of course available to discuss these matters with you at a mutually agreeable time. Please let us know if you would like to do so.

Footnotes:

1 See City of Beacon, All Events: Swearing-In Ceremony for Mayor and Councilmembers, January 6 @ 3:00 PM - 4:00 PM, available at https://beaconny.gov/index.php/events/swearing-in-ceremony-for-mayor-and-councilmembers/.

2 See City of Beacon Swearing In 01-06-24, Beacon YouTube channel, available at

https://www.youtube.com/watch?app=desktop&embeds_referring_euri=https%3A%2F%2Fbeaconny.gov%2F&feature=emb_title&source_ve_path=MzY4NDIsMzY4NDIsMzY4NDIsMzY4NDIsMzY4NDIsMzY4NDIsMzY4NDIsMjM4NTE&v=XNT-XeXQbSY.

3 NY Public Officers Law, Article 7.

4 Advisory Opinion 5296 may be found at: https://docsopengovernment.dos.ny.gov/coog/otext/o5296.doc. See also Advisory Opinion 3845, which may be found at https://doccs.dos.ny/coog/otext/o3845.htm.

5 Id.

6 The Beacon City Council does not appear to have any published rules relating to its operations at public meetings.

7 City Council Rule of Procedure 8(d)(8)(i) reads: The audience shall be respectful of all speakers and shall refrain from comments and gestures, private discussions, cell phone use, or other conduct that interferes with the orderly progression of the meeting or in any way discourages free speech.

8 See Devine v. Village of Port Jefferson, 849 F. Supp. 185, 189-90 (E.D.N.Y. 1994) (analyzing village board meeting as a limited public forum); see also City of Madison Joint School Dist. No. 8 v. Wisconsin Employment Relations Comm’n, 429 U.S. 167, 174-76 (1976) (suggesting that any portion of a meeting of a public body that the body opens for public comment is a limited public forum); Norse v. City of Santa Cruz, 629 F.3d 966, 976 (9th Cir. 2010) (holding that First Amendment protections of a limited public forum applied not only during the public comment period of the meeting, but also throughout the entire meeting), cert. denied, 132 S. Ct. 112 (2011).

9 See Rosenberger v. Rector & Visitors of Univ. of Va., 515 U.S. 819, 829 (1995) (stating that “[t]he State may not exclude speech where its distinction is not ‘reasonable in light of the purpose served by the forum,’ nor may it discriminate against speech on the basis of its viewpoint.” (quoting Cornelius v. NAACP Legal Defense & Ed. Fund,
Inc., 473 U.S. 788, 806 (1985)).

10 See White v. City of Norwalk, 900 F.2d 1421,1425 (9th Cir. 1990).

11 See We the People, Inc., of the U.S. v. Nuclear Regulatory Comm'n, 746 F. Supp. 213, 216-18 (D.D.C. 1990)
(signs that do not block the public’s view are permissible).

Monday’s 5-6-24 City Council Meeting Agenda - What’s On Deck

/

Monday's 4-22-24 City Council Workshop Meeting Agenda - What's On Deck

/

This week’s City Council Workshop Meeting is now available on ALBB. This is the same agenda found on the City’s website, but ours includes future video of the meeting, and is in the all-you-need format at ALBB. This Workshop Meeting is open to the public to attend, but there is no Public Comment. Public does not speak during Workshop Meetings, only listens.

On the Agenda:

Overview of Real Property Tax Assessment Process

  1. Proposed Local Law Concerning Minimum Parking Requirements

  2. Amendments to the 2024 Budget

  3. Proposed Agreement with the Beacon Sloop Club for Floating Docks (backing documents forthcoming)

  4. Proposed Dedication of Sewer Infrastructure from Scenic Beacon Developments, LLC

Announcement of Next Meeting: May 6, 2024 at 7:00 p.m

See more here >

Interested in Sponsoring this Guide? Find more details here >

Tuesday's 4-9-24 Planning Board Agenda - What's On Deck

/

The Planning Board will meet on Tuesday, April 9, 2024, at 7:00 p.m., in the Municipal Center Courtroom. A work session will take place at 7:00 p.m., for a training workshop, discussion of agenda items and/or topics of interest to the Planning Board. The regular meeting will begin immediately thereafter, but not later than 7:30 p.m.

Peek at the details below…

  1. Public Hearing of application for Amended Site Plan Approval, 11 Mirbeau Lane, submitted by Mirbeau of Beacon, LLC (Edward Kellogg).

  2. Public Hearing of application for Amended Site Plan Approval, 248 Tioronda Avenue, submitted by Beacon 248 Holdings LLC (Bernard Kohn).

  3. Continue review of applications for Site Plan Approval, Subdivision Approval, and Special Use Permit, place of worship, 409 Fishkill Avenue, Fishkill Avenue, and Mead Avenue, submitted by Soka Gakkai International – USA.

  4. Continue review of application for Site Plan approval and Special Use Permit, car dealership, 410 Fishkill Avenue, submitted by Carvana, LLC c/o Jenn Roldan.

  5. Review of application for Subdivision Approval, residential, 39 Howland Avenue, submitted by John Vergara.

  6. New Single-Family House – 52 Townsend Street, Lot #7

More details can be found here >

Monday’s 4-8-24 City Council Meeting Agenda - What’s On Deck

/