MANCHESTER, N.H. – On Tuesday night, Manchester Board of Mayor and Aldermen (BMA) have voted to change their rules to prohibit the use of banners, signs or other items during meetings that might create a security concern or obstruct the views of others along with limitations on public comment.
The specific limitations during public comment prohibit profanity, threats, vulgar language, fighting words and any speech that may violate laws as well as a prohibition on what the mayor determines to be disorderly conduct during public comment and a requirement that all comments are directed toward the BMA Chair.
This proposed rule change came after several raucous meetings earlier this year where protesters requested that the city support a Gaza cease-fire resolution.
Opponents of the measure felt that it violated the spirit of the First Amendment of the U.S. Bill of Rights and was an unnecessary response. Ward 5 Alderman Anthony Sapienza referred to the proposal as a “red herring” and admired BMAs over the previous 178 years of Manchester history that were able to sit and listen respectfully to public comments, even those they did not agree with.
“Preserving free speech and listening to our constituents is one of the most important things we do when we come here,” he said.
And while Ward 6 Alderman Crissy Kantor felt that comments by the resolution supporters were not germane to BMA business, something that drew yells from resolution supporters in the audience, Ward 4 Alderwoman Christine Fajardo responded that many of the supporters had family in Gaza and all Manchester residents have their own unique concerns.
“Each resident has their own voice and we welcome them to use their three minutes for whatever is important to them,” said Fajardo.
Along with Kantor’s concern, the primary support for the rule change was worry over large banners being a security threat to individuals at the meeting or making it difficult for members of the audience to follow the meeting. Ward 12 Alderwoman Kelly Thomas cited a quote from Fajardo several weeks earlier noting that no one could be sure of what does happen until it happens.
Ward 7 Alderman Ross Terrio and Ward 10 Alderman Bill Barry also noted that the proposal did not ban all signs, with Barry complimenting the size of the signs of resolution supporters in attendance on Tuesday.
BMA Chair Joseph Kelly Levasseur stated that the city solicitor’s office believed the rule change did not violate constitutional protections and also reiterated that the BMA had voted any potential Gaza resolution as not germane to city business. He also stated that while people have the right to share their views, agreeing with Sapienza’s view on the importance of public comment, he felt that it was disrespectful to city employees who are required to stay until the end of meetings if commenters made comments they were fully aware would not be acted upon by the board.
A motion to kill the rule change failed 8-6 with Sapienza, Barry and Fajardo joining Dan O’Neil (At-Large), Dan Goonan (Ward 2), Jim Burkush (Ward 9). A motion to approve passed 10-4, with all of the supporters on the previous vote going in opposition except for Barry and Goonan.
