Three regional activists appeared in Saratoga Springs City Court this morning on charges of protesting without permits. They say they have no plans to stop.
Saratoga Black Lives Matter co-founder Lex Figuereo and Palestinian Rights Committee of Albany member Eyad Alkurabi were ticketed in April for their alleged involvement in organizing a March 27th protest without receiving a “demonstration declaration” from the city.
At the time, City Attorney Tony Izzo made the same offer to each: a 6-month adjournment in contemplation of dismissal. If Alkurabi and Figuereo accepted, it would mean they would have to refrain from protesting without declarations for the next six months.
Alkurabi’s attorney Ava Agree did not file a motion of dismissal in court, instead suggesting that the city could make that motion. She spoke to reporters Tuesday morning.
“Yes, I think these charges should be dismissed and I think the city attorney certainly has it within their ability to submit a motion to the court dismissing these in the interest of justice. That is a motion that they are able to make and it is a motion that I believe they should make. Whether I believe they will, they probably won’t. Certainly, if they do not, at some point, they will have to provide some evidence to substantiate their claims and after that occurs we’ll be filing all the appropriate motions in this case, certainly including motions to dismiss,” said Agree.
Figuereo is also facing similar charges from the spring for his alleged involvement in jointly-organized protests. Figuereo was the only individual charged in connection with those demonstrations.
Attorney Mark Mishler is representing Figuereo and says his client has been targeted.
“If you consistently pick out one person, a Black person, who leads a Black organization, to charge in violation of city code, you don’t correct that problem when you’ve been told that that’s a problem time after time, and you say OK we’ll also charge a Palestinian person. That doesn’t solve the problem. And it also doesn’t solve the problem if in a month or two later, you say Hey, we’re going to charge a white guy as well. It doesn’t solve the basic underlying problem that my client has been unconstitutionally, selectively prosecuted,” said Mishler.
Joe Seeman, a longtime local activist who has run unsuccessfully for the state legislature, has also been similarly charged for his alleged involvement in an April 26th demonstration in front of city hall.
“Just as we fight against fascism and assaults on the constitution by Trump, we will fight against this assault on our constitutional rights by Tim Coll. To the people of Saratoga Springs and this region, I ask, is this the type of Saratoga you want? Where people are prosecuted for political expression,” said Seeman.
Seeman is set to appear in court for the first time on his charges Thursday.
First-term Public Safety Commissioner Tim Coll wouldn’t comment specifically on the pending cases, but says he took an oath to uphold the Constitution and ordinances of the city.
“But again, we’re going to continue to treat everyone equally, and we’re going to adhere to—enforce the laws as they’re written on the books until proven otherwise,” said Coll.
Figuereo says he has no intention to apply for any demonstration declarations prior to future protests.
“No person in this country, let alone, this city should be asking for permission, or colluding, in any way with the government to express anything. It’s called freedom of speech. Saratoga Springs seems to not understand that the constitution states that Americans are allowed to call out the government in forms of protest with no police intrusion by the government or any entity,” 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.
