Without apology from town board, Crosier will sue for civil-rights violation

To the Editor:

I sent this letter to Berne Supervisor Dennis Palow and the other members of the town board.

I represent Kevin Crosier and am writing on his behalf to demand that Supervisor Palow and the town board of the town of Berne unequivocally apologize to Mr. Crosier for the gross violation of his civil rights at the Feb. 20, 2023 public hearing on the proposed ATV law.

We do not know what motivated Mr. Palow’s unhinged behavior, but it is imperative that he acknowledge his error, that the town board acknowledge its error in not objecting to Mr. Palow’s actions and that the town board commit to upholding the constitutional rights of all persons in the town.

As you know, the town board held a public hearing on Feb. 20 at the Berne-Knox-Westerlo High School auditorium on a draft local law to regulate the use of ATVs on town roads. Mr. Palow opened the public hearing by setting forth basic rules for the hearing, including asking speakers to limit their comments to three minutes, that there be “no profanity” and “not disrespect" members of the town board.

After a brief discussion by Deputy Supervisor [Anita] Clayton regarding emails that had been received, Mr. Palow prepared to start calling speakers. First, he posted what appeared to be a photograph of a side-by-side off-road vehicle on the video monitor behind the town board members.

Then Mr. Palow called Mr. Crosier to be the first speaker. Mr. Crosier thanked the board for the opportunity to speak and was starting to point out the town board’s responsibility to look after the health, safety, and financial interests of the town when Mr. Palow interrupted him saying, “I’m going to stop you. ….”

He then proceeded to harangue Mr. Crosier regarding the picture on the monitor without any apparent substantive purpose. (Except for displaying that photograph, which was only shown while Mr. Crosier was speaking, the monitor was not used to display anything else throughout the public hearing.)

Mr. Crosier repeatedly asked if he would be permitted to speak and Mr. Palow said he would not and directed him to sit down. Mr. Crosier refused to give up his right to speak to the law that was the subject of the public hearing and refused to sit down.

Mr. Palow then directed the sheriff’s deputies to remove Mr. Crosier from the auditorium. After a brief discussion in the aisle, Mr. Crosier agreed to leave, under protest, but did not otherwise resist his removal.

None of the town board members objected to Mr. Palow’s treatment of Mr. Crosier. While the sheriff’s deputies did not arrest Mr. Crosier or issue him a citation, they did prevent him from returning to the auditorium to observe the hearing, claiming they were acting at the direction of Mr. Palow to remove Mr. Crosier from the room.

Freedom of speech and the right to petition the government are among the most fundamental rights of all Americans as set forth in the First Amendment to the Constitution. The Feb. 20 meeting was a public hearing convened by the town board to receive comment on a proposed local law.

Mr. Crosier was the first speaker invited to speak. Before Mr. Crosier had completed his opening sentence, Mr. Palow verbally ambushed him in a premeditated plan to prevent him from speaking and force his removal from the room.

Obviously, Mr. Crosier did nothing to warrant such an attack and deprivation of his rights. The fact that Mr. Palow interrupted and shut down Mr. Crosier shortly after directing those in attendance to behave in a respectful manner, was such a glaring act of hypocrisy that the room erupted in shouts of opposition.

Mr. Palow and the town board did not seem to recognize that it was their actions that resulted in the loss of decorum in the hearing.

Mr. Crosier hopes that the town board members have realized that they made a terrible mistake that night, that they violated Mr. Crosier’s rights, and that their action was contrary to their oath to uphold the Constitution.

It is only through an unequivocal apology and a commitment to never again engage in actions to infringe on citizens’ right to free speech that there can be an assurance that Berne residents need not fear speaking at public forums. People must feel free to respectfully express their views without fear of being silenced and forcibly removed. That should be something on which all can agree.

If, however, Mr. Palow and/or the town board are unwilling to make such an unequivocal apology and restate their commitment to the Constitution, Mr. Crosier will seriously consider bringing a federal civil-rights lawsuit pursuant to 42 U.S.C. §1983. Such a lawsuit would be necessary to make it clear to all concerned that the town board’s actions that night were illegal and will not be condoned.

A lawsuit would be a waste of municipal resources as the town board would incur its own attorneys fees as well as pay Mr. Crosier’s attorneys fees and damages when the court affirms the obvious fact that his rights were violated.

If Mr. Palow and the town board are unwilling to admit their error, such an expense will be necessary to prevent the descent into authoritarianism evidenced by the town board’s behavior that night. We trust that the town board will act expeditiously to issue an apology. 

Jeffrey S. Baker

Feura Bush

Editor’s note: Jeffrey S. Baker is an attorney representing Kevin Crosier. See related editorial in this week’s edition and Noah Zweifel’s coverage of the Feb. 20 hearing in last week’s edition: “Berne supervisor has sheriff’s deputies forcibly remove resident from ATV hearing despite no wrongdoing.”

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