Aldermen roll back limitations to testimony during public comment sessions

MANCHESTER, NH – Advocates of free speech scored a victory on Tuesday as the Manchester Board of Mayor and Aldermen (BMA) approved a modification on BMA Rule 3, allowing greater latitude for members of the public during the board’s public participation sessions.

The rule was changed last year after protesters seeking for the city to pass a resolution on the Gaza conflict engaged in unruly behavior, frequently bringing flags into the Aldermanic chambers and disrupting proceedings, occasionally with vulgar and disrespectful language.

Limitations were place on profanity as well as any situations where a flag could cause a security concern.

While the earlier modification was not completely dialed back within the new proposed Rule 3 change, expected behaviors from members of the public were turned into recommendations, with prohibition of any speech only coming when there was a threat or something that would prevent others from participating in public comment. Additionally, any security concerns related to items would now have to be explained by the BMA’s chair, the mayor.

Manchester Mayor Jay Ruais said that the changes following the Gaza protesters came after studying the policies of other cities across the state to ensure that Manchester’s policies were within acceptable legal limits.

Ward 7 Alderman Ross Terrio said that rolling back the restrictions would not violate the First Amendment of the U.S. Bill of Rights, citing the U.S. Supreme Court Case FCC v. Pacifica, which puts constitutional limits on what can be said over television and radio. Terrio noted a seven-year-old child who was honored earlier in the night, and that it would be inappropriate for children such as that one that was honored earlier in the meeting to be subjected to obscene language.

Ward 3 Alderman Pat Long noted that the language of the proposed changes had been vetted by constitutional experts and brought forward by former Union Leader columnist Mark Hayward on behalf of the New England First Amendment Coalition, a well-respected organization in the region.

Ward 6 Alderman Crissy Kantor stated that she did not feel safe during the poor behavior of the Gaza protestors.

Ward 5 Alderman Anthony Sapienza said that during his 10-years on the board, people have said all kinds of nasty things during public comment, but it only made them look bad and it was their right to say those nasty things.

“Last time I checked, this is America,” he said.

A motion to receive and file the proposal, effectively killing it, was introduced by Ward 8 Alderman Ed Sapienza. That motion failed on a 6-8 vote, finding support from Ed Sapienza, Terrio and Kantor as well as Ward 1 Alderman Chris Morgan, Ward 11 Alderman Norm Vincent and Ward 12 Alderwoman Kelly Thomas. Opposers included Long, Anthony Sapienza, Ward 2 Alderman Dan Goonan, Ward 4 Alderwoman Christine Fajardo, Aldermen At-Large Dan O’Neil and Joseph Kelly Levasseur, Ward 9 Alderman Jim Burkush and Ward 10 Alderman Bill Barry.

Afterward, a motion to approve the rule change was approved 8-6, with all of the Aldermen retaining their alignments from the first vote, only in reverse.