Green light for amplification at weekly pro-democracy rallies

By MARTIN WILBUR

The Mount Kisco Village Board unanimously granted permission on Monday for a group of protesters to use amplification for their weekly Saturday afternoon rallies that have recently moved to outside Village Hall.

A request to use a microphone and speaker was submitted to officials so the demonstrators, who are bringing in local actors to read the Declaration of Independence or U.S. Constitution at the conclusion of their events, can be heard.

“We just show up to protest and then we go home,” said Fred Silverman, organizer of what are now called pro-democracy rallies. From February through the end of June the rallies were held outside the Tesla dealership on Kisco Avenue. 

“But people feel very relieved that we have a safe space where we can do that and I’m grateful to you and the board for allowing this to continue for six months now,” he said.

The rallies are being held from 1 to 2 p.m. on Saturday, an hour shorter than what had been taking place outside of Tesla. 

Mayor J. Michael Cindrich had initially asked Silverman to contact Village Manager Edward Brancati’s office by Wednesday each week to make sure that there were no other events scheduled at or near the Fountain Park space at Village Hall. Silverman asked if it would be helpful if there were another way to inform the village about their plans because the actors needed for the readings need to be reserved.

Board members suggested he contact Brancati on a monthly basis, who could then inform him of the upcoming schedule. Brancati would then have authority to approve or deny a request if there was a conflict, Cindrich said.

The request comes as the village board is exploring the possibility of requiring a permit to assemble and hold a rally. Cindrich said that noise and safety of the participants have been the chief concerns, which has prompted the board to consider a permit.

During the past two years, Mount Kisco has become a hub for protests, starting after the Oct. 7 attacks in Israel. A protest a couple of months later took the village by surprise when organizers never reached out to the village so it could prepare with additional police from the county or traffic control measures.

“That rally ended up being rather benign,” Cindrich recalled. “It did disrupt certain businesses. They did have amplification. They never made an application for a permit, and at the end of the day when they got tired with nobody listening, they marched from the area mid-block on South Moger Avenue, around the block to Village Hall.”

Last month, the No Kings rally drew more than 1,500 people to Kirby Plaza, which snarled traffic into the village and filled public parking lots. Once again, officials were unaware of the size and scope of the event until it happened.

Deputy Mayor Theresa Flora said amplification doesn’t concern her, but there are selected weekends where the village has other events scheduled for Fountain Park. Meanwhile, Trustee Karen Schleimer had a concern over noise.

“I’m raising the issue because I can see the amplification being a problem,” Schleimer said. “Maybe one week we ask you not to read the Constitution because we are doing a ceremony for 9/11 or the Christopher Columbus statue or what have you, and it would conflict.”

Silverman said he has had a good relationship with the village and if that continues things should be fine. When conflicts arise, they will search for a solution. 

“I don’t think it’s a problem if we can work together. The notion of doing it each week” would be a problem, Silverman said, “but if it can be done on a monthly basis, I think that’s fine.”

As the village ponders the possibility of requiring a permit, Silverman said he hoped officials would reconsider waiving any insurance requirement since the weekly protesters are a loosely knit, mostly older crowd that has grown organically. He said some weeks they have as few as 50 people while other times it can be several hundred.

Discussions will continue about a waiver clause for the insurance or charging for other expenses, Cindrich said.

But Trustee Thomas Luzio questioned whether requiring a permit would infringe on First Amendment rights. He said that it is a high bar to make sure those rights aren’t abridged.

“I just want folks to understand that if we do draft a law, that law must be narrowly tailored to serve a significant public interest,” Luzio warned. “It cannot be vague, it cannot be arbitrary, it cannot be overly burdensome. In other words, we need to support that with facts and evidence that demonstrate there are true safety concerns about restricting the rights, the First Amendment rights of folks.”

Flora then challenged Luzio’s assertion that the board is using the discussion of a permit as a means to limit free speech, calling it inappropriate.

“I am personally insulted that you accuse me or this board of taking part in creating a local law, or working on a local law, that would restrict free speech,” Flora said. “It’s not about that. I don’t know how you can get there and charge that we’re trying to trample on First Amendment rights.

Luzio reiterated from the previous meeting that his concern is making certain the village is adhering to the First Amendment, because if those cases are challenged in court, they are extremely expensive to litigate.