Falls council chair suspends Pit Chic critics' speaking privileges
Apr. 27—Wednesday's Niagara Falls City Council meeting got off to an unusual start — with a message from the council chairman admonishing two women for their unruly behavior and informing them that he is suspending their public speaking privileges on non-agenda items during council meetings until at least June 4.
In an effort to crack down on what he described as the "circus-like" behavior that some participants displayed during the April 4 meeting, council Chairman Jim Perry told Falls real estate agent Tanya Barone and Buffalo recycling center owner Janine Gallo that they needed to "grow up" and refrain from "behaving like ill-mannered children" or they would lose their speaking privileges through the remainder of the year.
"I don't know when it became OK in our society to reward bad behavior," Perry said. "Nowhere in any part of the world can you stand up in front of a government body, swear at them, call them names, pound the podium, throw items and ignore warnings month after month without repercussions."
During his opening statement on the matter, Perry said that if Barone or Gallo wished to disrupt Wednesday's proceedings, officers in city hall would be "happy" to escort them out, threatening that they could be "charged with interfering" with "administrative duties."
Barone and Gallo are among a group of individuals who, in recent months, have vigorously — and at times loudly — questioned the city's decision to enter into a 16-month-contract for animal sheltering services with The Pit Chic on Grand Island without first seeking public bids from other vendors.
Perry said their "accusations about illegal activities going on with the animal shelter," have been "checked out" and it was determined that they are inaccurate based on his evaluation and that of city attorney Tom DeBoy.
"I don't know what kind of law training they have at the Yahoo Law School or Google University, but I have had some formal legal training with a couple of degrees I hold and Mr. DeBoy, I believe you hold a J.D., better known as a doctor's degree in law, along with passing the BAR," Perry said. "We have looked at these accusations that were brought up and neither of us have found illegal activities."
Barone questions whether Perry, and by extension, the city council and the city itself, has a legal right to prevent her from speaking during the "for the good of the community" sections of city council meetings.
Barone said she was "dumbfounded" to hear Perry suggest she has acted inappropriately during prior council meetings, saying she has never used profanity and has always directed her comments to the matter at hand, the awarding of the city's animal sheltering agreement and the city's handling of its stray dog population.
She also suggested Perry is exhibiting selective enforcement by targeting her and Gallo while allowing supporters of The Pit Chic, during previous council meetings, to make critical comments about them without fear of reprisal.
While Perry said he has warned Gallo, Barone and others to adhere to council meeting public speaking rules and generally applied standards for public conduct, Barone said he never warned her, nor did he discuss with her any need to change her behavior prior to issuing his suspension on Wednesday.
She said she intends to ask city officials for written copies of city law or policies that give the council chairman the power to suspend her or anyone else from speaking during meetings.
"I want to see it in writing," she said. "I feel like at least give me the opportunity to correct myself or give me a warning before you come up with bringing police there to intimidate, saying you are going to have us removed because we are disruptive in a meeting. Come on."
Councilman Donta Myles said he had no advanced warning from Perry that he intended to admonish or suspend any speakers. He said he does not support the position and that Perry's position does not represent the position of the entire council.
In his statement, Perry described public speaking at the city council meetings as a "privilege, not a right and is not provided under any law."
Paul Wolf, an attorney who is the president of the New York Coalition for Open Government, a non-profit organization that advocates for open and transparent government, said nothing in the council's current rules of order provides the chairman the right to ban people from speaking at meetings. Wolf said he does not believe Perry, as chairman, has the power to ban people from speaking on his own. Wolf cited several opinions from the New York State Committee Open on Government that he believes support his position.
"Any actions taken by the city council require a vote of the full Council. Usually, rules require warnings and authorize the police to take action as they deem appropriate," Wolf said. "The council has the right to create rules for public comment, which must be approved by the full Council. Whatever their rules of enforcement are they need to be followed."
