As WAMC first reported, the office of Democratic Attorney General Letitia James wrote to the city Thursday to comply with a request for information about recent charges brought against Black Lives Matter organizer Lex Figuereo.
Figuereo appeared in court that day after being ticketed in May over his alleged role in organizing two recent rallies in the city.
Figuereo was the only person charged by city police for failing to apply for demonstration declarations.
At a press conference following his court appearance, Figuereo said the group does not plan on “asking permission” to exercise its rights.
“This attack on freedom of speech is an attack on everybody’s freedom of speech. I don't care if you’re Back the Blue, I don’t care if you’re Trump, I don’t care if you’re Biden, I don’t care if you’re Independent. Whoever you are, if you’re an American citizen who has their God-given rights to speak, to protest, to assemble, to have grievances and take those grievances up against the city or any other entities you deem necessary, it’s a problem. That ain’t right,” said Figuereo.
Figuereo’s attorney Mark Mishler said he is concerned by the lack of explanation about how the city determined his client was the main organizer of the May protests.
“The First Amendment does not require that you get permission from the very body that you may be protesting in order to exercise your First Amendment rights and express what you’re protesting. If the First Amendment required that, there never would have been a labor movement, there never would have been a Civil Rights movement. It just wouldn’t have been possible and that’s not what the courts have ever required,” said Mishler.
According to the documents obtained by WAMC, the latest communication from the attorney general comes four months after the release of a long-awaited report into past city officials’ interactions with BLM demonstrators over a two-year period. The attorney general’s office found the activists’ constitutional rights had been violated.
More than two years after WAMC broke the news of the initial investigation, the final report painted a portrait of intimidation and targeting of Black Lives Matter protestors by former city officials. It faulted former Mayor Meg Kelly, former Public Safety Commissioner Robin Dalton, former Police Chief Shane Crooks and former Assistant Chief John Catone for retaliating against and violating the civil rights of Black Lives Matter protesters in 2020 and 2021. Dalton and Kelly repeatedly ordered Crooks to arrest protestors and expressed disdain for them in text messages laid out in the report.
Now, the attorney general’s office says it “is concerned that the City of Saratoga Springs has resumed its unconstitutional retaliation against protestors” and warns the city against further retaliation.
In its latest letter to current city leaders, the attorney general’s office calls reports about the tickets to Figuereo in connection with “two non-violent protests” in May “troubling.” Figuereo was actually only at one of the protests in question.
Figuereo said the current charges are retribution for both the AG’s report and his ongoing lawsuits against the city.
“In the AG’s report, it says you are not allowed to make arrests because of protest. So, since they can’t make arrests for protests, now they’re going to do violations for protests. They’re going to try to figure out something to do. Once again, it’s the old playbook, there’s nothing new. It’s the same thing that Robin Dalton was doing, the same thing that Meg Kelly was doing,” said Figuereo.
In a statement Friday evening, Public Safety Commissioner Tim Coll praised the "outstanding" Saratoga Springs Police Department, saying it is fully cooperating with the AG's office.
In the statement, Coll says he can’t comment on a pending matter but will provide “a complete accounting of the facts” afterward.
The cost of covering legal fees for the former officials continues to be debated among the current city council.
During a July 2021 protest when demonstrators marched on Broadway on the eve of the summer racing season, Dalton asked Crooks to “please, please, please, pretty please arrest someone.” Dalton promised a “ticker tape parade” if Figuereo and fellow activist Chandler Hickenbottom were arrested. Crooks responded by saying they were on his “list.”
Investigators say Dalton on multiple instances demanded protestors be arrested without any offenses taking place, and as public safety commissioner used violent language when discussing protest organizers.
The probe seeks further information from the city by July 8 and a proposed agreement of discontinuance.
Mayor John Safford declined to comment and directed WAMC to the city attorney, who did not respond.
