Two local activists have been ticketed for organizing a protest without a permit in Saratoga Springs.
Saratoga Black Lives Matter co-founder Lex Figuereo and Palestinian Rights Committee of Albany member Eyad Alkurabi have been ticketed for their alleged involvement in organizing a March 27th protest without receiving a “demonstration declaration” from the city.
The defendants appeared in court Tuesday morning, where city attorney Tony Izzo made the same offer to each:
“Which is an adjournment in contemplation of dismissal for a period of six months. It’s pretty much the same offer as any kind of permits, building permits, restaurant, taxi, whatever. I’ve made that same offer. Ms. Agree has indicated that there are other concerns that preclude her from accepting that offer at this time but I have made that offer nonetheless,” said Izzo.
Attorney Ava Agree says the charges are being used to effectively silence dissenting speech within the city.
“They’re being levied because the speech that Mr. Figuereo and Mr. Alkurabi are alleged to have engaged in was not to the liking of Saratoga Springs city officials and at this juncture we are not inclined to accept any offers even if they involve dismissal of charges based off of an agreement not to continue engaging in that dialogue. I think that our position at this juncture is that what this country needs is for more people to use their voices,” said Agree.
Both Figeureo and Alkurabi entered not guilty pleas. Each is facing charges of violating the city’s provisions on demonstrations and not having a demonstration declaration.
Agree said she’s confident Figeureo and Alkurabi will overcome the charges.
“Today was an arraignment. We entered pleas of not guilty because both Mr. Figuereo and Mr. Alkurabi are not guilty of any violation, they are not guilty of violating any law or any civil ordinance here in the city of Saratoga Springs. So, what that sets off is a legal process to adjudicate that dispute. The city of Saratoga Springs has decided to bring these charges and we look forward to having a day in court to prove there is no basis for them,” said Agree.
A number of organizations took part in the demonstration including Skidmore for Palestine, Upper Hudson Valley Code Pink, and Jewish Voice for Peace Albany.
The contemplation of dismissal would require the defendants to avoid partaking in any un-permitted protests.
Figuereo said he and Alkurabi are being targeted.
“Eight groups co-sponsored this protest but only the brown and Black person were the only people that were charged under this. There was about 85 to 100 people here, about 90 of them white, none of them charged. None of those other groups charged. Nobody really cares I guess. I guess the only speech that was wrong was mine and his,” said Figuereo.
He says he has no plans to stop protesting.
“They seem to not understand that we’re going to continue to keep speaking. We’re going to continue to keep marching. We’re going to continue to keep having dissent against this city, against the government, against the city and country United States that continues to squash people’s First Amendment speech,” said Figuereo.
A February 2024 report by the state Attorney General’s office found that former city employees and city police violated the constitutional rights of BLM demonstrators like Figuereo in 2020 and 2021.
This isn’t the first time Figuereo has been ticketed under the same ordinance. Last year he received two tickets in May for allegedly organizing and participating in protests down Broadway without getting a permit. Figuereo was only present at one of those demonstrations and was the only person ticketed in connection with them.
Last June, WAMC first reported the AG’s office wrote to the city concerned that tickets against Figuereo had resumed the city’s “unconstitutional retaliation against protestors.”
Public Safety Commissioner Tim Coll said in a statement Tuesday he took an oath to enforce city laws, adding, the city will “continue to collaborate with the Office of the Attorney General and they were notified prior to SSPD seeking charges in this matter.”
Figuereo and Alkurabi are due back in court May 27th.
