Village: permits for large crowds, alcohol ban in parks

The crowd of more than 1,500 people at the June 14 “No Kings” protest at Kirby Plaza has Mount Kisco officials weighing permits for gatherings of at least 50 people. (Martin Wilbur Photo)

By MARTIN WILBUR

Requiring permits for parades and demonstrations and prohibiting alcohol in village parks and recreation facilities were among a series of updates to municipal laws proposed this week by the Mount Kisco Village Board.

Other measures discussed by the board during a nearly three-hour work session on Monday were updated language that would regulate amplification, the use of bicycles and scooters on village sidewalks and potentially posting signs alerting the public that a property is the subject of a proposed land use application.

Mount Kisco has become an increasingly popular destination for protesters, highlighted by the weekly Saturday demonstrations outside the Tesla dealership on Kisco Avenue as well as two much larger gatherings this spring — the Hands Off protest in early April and the June 14 No Kings rally. The latter two events were part of hundreds of demonstrations nationwide on those days.

Mayor J. Michael Cindrich said that many jurisdictions require a permit to assemble that includes various types of restrictions such as prohibiting the blockage of the sidewalk or restricting locations along with a fee and insurance. The American Civil Liberties Union has also published materials that stipulates how a government can’t limit a type of speech but can place regulations such as location and the hours of an event.

“As far as I’m concerned, requiring a permit for that kind of activity is the village doing its due diligence to protect not only the protesters but protect the citizens of the Village/Town of Mount Kisco,” Cindrich said. “So, that’s where I’m at. Give us notice about what you’re doing. Nobody’s going to say you can’t do this, you can’t do that, you can’t talk about this, but there’s also a provision that everybody has a First Amendment right to walk freely on the sidewalk.”

All events and parades that expect at least 50 attendees would need a permit, said Village Attorney Daniel Pozin.

Complaints regarding the blockage of the sidewalk near the Tesla dealership and people spilling into the road along with one commercial property owner charging that the activity was negatively affecting her tenants’ businesses increased since the protests began in early February. Starting last week, those have been relocated to outside Village Hall (See story on Page 1).

Currently, the village has no formal application process to assemble, but groups and individuals typically alert the village manager’s office or another official, said Deputy Mayor Theresa Flora. 

Flora said the internal discussions about requiring a permit occurred after the No Kings protest because of the parking crunch and the much heavier traffic than normal in the village that day. The village had scheduled a Flag Day ceremony at the American Legion Hall, but there was very little parking. Officials had no inkling that upwards of 1,500 people would show up at Kirby Plaza for the No Kings rally, she said.

“I think really it was for the village to be prepared and the attendees to be kept safe,” Flora said of the rationale behind requiring a permit. “This is in no way regulating anybody’s freedom to speak out.”

However, Councilman Tom Luzio expressed concerns that the language in a new chapter of village law could infringe on First Amendment rights. Luzio said that Mount Kisco must be extremely careful when crafting legislation that isn’t overly burdensome because of the threat of lawsuits.

“We know that First Amendment law must be narrowly tailored to a significant interest, and I think in here we talked a little bit about traffic and public safety, but I’m not even sure we do,” Luzio said. “But these are extraordinarily expensive lawsuits and under 42 U.S. Code 1983 and 1988, if we lose, we pay their fees, too.”

The issue of constitutionality comes into play if there are different criteria for different parties, Pozin said.

Manager Ed Brancati said what is being asked for on a permit application is straightforward.

“Just tell us how many people you’re going to have and where you’re having it so we can help with the event,” Brancati said.

Cindrich said he would like the village to reach out to the ACLU to ensure rights aren’t infringed upon before the board discusses the issue again.

“Oftentimes, I think the American Civil Liberties group looks at stuff and says, ‘You’re on the right track or you’re on the wrong track,’” Cindrich said. “So maybe we’ll get a notice from them of what we’re doing, and I’d appreciate that because we’re not looking to limit, violate, restrict any free speech or any First Amendment rights.”

Alcohol prohibition

The board also talked about tightening its regulations regarding the prohibition of alcohol in the village’s parks and recreation areas as well as in other public spaces so that it would make it easier for law enforcement to confiscate the items and issue violations. Conservation areas would also be included.

The matter has gained attention in recent years after debris such as beer bottles and bottle caps were found in Leonard Park and people were found loitering and urinating in the Little League dugouts. It received increased attention after the Tea House fire this spring in the park, although that incident was not attributed to loiterers and alcohol.

Cindrich said the village used several communities’ laws as well as Westchester County’s regulations to craft a more enforceable law.

“We’re not going to accept this anymore,” the mayor said. “We’re not going to teach our children that it’s OK because it’s so difficult to see a person consuming alcohol in a paper bag as opposed to merely possessing it,” he said.

Permits for alcohol for block parties and other events such as the San Gennaro Festival could still be given. But deed restrictions at Leonard Park and Flewellyn Park, in particular, have always barred alcohol at those locations.

Despite general agreement by the board to support the law, Luzio urged his colleagues to try and document how deep the alcohol problem is in the parks and public spaces.

“I don’t want to see the police put in a position where folks are saying you’ve got to search that guy, and the cops saying I can’t search him,” Luzio said.

Flora responded that the village doesn’t need documentation to address a problem that already exists.

“Do you think we’re here just making this up?” she said. “I mean this is a known fact, a documented fact. The police are called. I call because I live behind a greenspace.”