A Saratoga Springs city council member is once again seeking criminal charges against disruptors of a public meeting.
Saratoga Springs Public Safety Commissioner James Montagnino recently filed charges against two protesters for disrupting a city council meeting earlier this month.
The Democrat sought misdemeanor obstruction of governmental administration and violation disorderly conduct charges against Saratoga BLM organizer Lexis Figuereo and Bridgette Barr.
Last month, Montagnino filed a disorderly conduct charge against Figuereo’s sister and fellow BLM organizer Chandler Hickenbottom, stemming from a disruption on February 7th.
Montagnino explained to WAMC that on Tuesday, April 4th, Figuereo took the microphone from former city public safety commissioner Chris Mathiesen.
“While Dr. Mathiesen was at the microphone attempting to exercise his right to make a public comment, Mr. Figuereo walked up and took the microphone away from him and started shouting things into it. This is beyond just a petty offense at this point. This is actually a crime,” said Montagnino.
Video of the meeting captured the incident where Mathiesen, who is running for mayor against first-term Democrat Ron Kim, was interrupted by Figuereo while attempting to criticize the council for the unruly February 7th meeting.
“I’m sorry. I’m here February 7th and I would tell you…on February 7th there was mob rule,” said Mathiesen.
“People have been talking the whole time…everybody’s been talking. Don’t touch me,” said Figuereo.
Figuereo was also charged and later arrested on warrant charges in 2021 in relation to disrupted meetings.
Barr is accused of approaching the council and taking Montagnino’s microphone.
The disrupted April 4th meeting stretched over five hours.
Despite the interruptions, speaking with WAMC, Mayor Kim criticized Montagnino’s new filing of criminal charges against residents at meetings. He previously called the charges filed against Hickenbottom as “racist.” Kim is a former public safety commissioner.
“I’ve tried to counsel the members to deal with this differently. But he’s intent on taking these issues into criminal court. And I don’t support it at all,” said Kim.
The New York State Attorney General’s Office Civil Rights Division is currently investigating the city’s past treatment of protesters and potential misuses of police power. Earlier this month, more former city officials were subpoenaed as part of the probe. Kim has noted the city is on the hook for legal fees as part of the investigation.
Despite the criticism, Montagnino stands by his requests for criminal charges. He said even the mayor’s office is seeking to use similar tools at its disposal.
“Just yesterday, the assistant city attorney at the mayor’s direction wrote a letter to the court asking that an order of protection be issued in favor of the city council against Ms. Barr.”
Montagnino continued.
“It would be reasonable to infer that the mayor is now on board with the idea of using the justice system to proscribe the disorder that’s taken over some of our meetings,” said Montagnino.
Meantime, Figuereo, whose 2021 charges were later dropped, thinks the new charges are baseless.
“Apparently I disputed the meeting again, they’re saying, by speaking too much and now they’re facing charges again – the same charges that got dropped – because of freedom of speech issues,” said Figuereo.
Figuereo is due in court on Monday, along with Barr, as is his sister Hickenbottom, who pleaded not guilty to disorderly conduct last month.
Also on Tuesday night, the Saratoga Springs City Council passed 4 to 1 an amended resolution restricting the police use of no-knock warrants, with Montagnino in dissent. The Democrat said he disagreed with the resolution on a procedural issue. The resolution is in line with recommendations from the city’s former Police Reform Task Force delivered in 2021.
