Lockport mayor says order directing no news media contact is temporary
LOCKPORT, N.Y. (WIVB) — Department heads within Lockport’s City Hall have been directed to not speak with members of the news media, but Lockport’s Mayor says his controversial order is only temporary.
Mayor John Lombardi tells News 4 the directive was sent to department heads on Tuesday.
“It was a temporary order directed to correct an administrative situation present in my administration,” Lombardi said.
When asked about what led to the order, Lombardi said he couldn’t go into detail about it, but said it regards “personnel.”
The temporary order does not apply to Lockport’s public safety departments.
“When I am confident that we no longer have an issue, I will lift the directive,” Lombardi said.
No specific timeline for the order was given. When asked for a copy of the email, Lombardi’s response was “I would rather not as directed by counsel.”
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The University of Florida’s Brechner Center for the Advancement of the First Amendment provides some insight into the legality of this.
“Decades’ worth of First Amendment caselaw establishes that public employees have a
constitutionally protected right to speak about work-related matters without needing their employer’s permission,” a Brechner Center document from 2019 reads. “Policies and regulations that require pre-approval before government employees can discuss their work with the news media are invariably struck down as unconstitutional when challenged.”
Nearly two decades ago, similar events took place involving public departments in New York City, according to the New York Civil Liberties Union (NYCLU).
The NYCLU says that following litigation, the administration of then-Mayor Michael Bloomberg agreed to revoke orders that kept employees from openly criticizing a number of agencies.
Another similar example took place in 1946, when a state court overturned a rule that prohibited members of a New York fire department from appearing in a magazine or newspaper without their chief’s written approval.
“For decades, the courts have recognized that employees don’t surrender all of their free-speech rights when they accept a government paycheck,” the Brechner Center said.
Lombardi, a Republican, was elected as Mayor this past November, beating previous incumbent Michelle Roman. Prior to this, he served as an alderman and Common Council President in the city for more than 12 years.
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Evan Anstey is an Associated Press Award, JANY Award and Emmy-nominated digital producer who has been part of the News 4 team since 2015. See more of his work here and follow him on Twitter.
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