NYClU

NEW YORK CIVIL LIBERTIES UNION lw_mHHiil

33 Front St, Ste 205, Hempstead,
mllil: Ifllssllu@nycJu.org

Nassau County Chapter

NY 11550

(516) 741-8520

Fax: (516) 741-8534

Website: www.1Iyclu.orglreglolfsi1lllssllu

DIRECTOR . Samantha Fredrickson,

Esq.

December 9, 2010 Mayor Jack M. Martins 155 Washington Avenue Mineola, New York 11501 Dear Mayor Martins, We write to express our concern that the Village of Mineola's Board of Trustees is impinging residents' First Amendment rights by restricting the content of comments residents may make at open board meetings regarding Village business. The Nassau County Chapter of the New York Civil Liberties Union was recently contacted by Mineola resident Jeanne Falabella about the limits she says were placed on her speech at an October 20th Board of Trostees meeting. She reports that she was denied the right to speak about a grievance that the United Public Service Employees Union recently filed against the Village. Although this issue is related to Village business, as required by the roles that govern the public comment portion of the meetings, she reports that she was told that she would not be permitted to speak about any ongoing litigation. As a general matter, such content-based limitations on free speech are impermissible under the First Amendment and the New York State Constitution. Although the Board may place reasonable time, place and manner restrictions on public speech in such meetings, to forbid residents to air their views on a particular matter of public importance, no matter how controversial, is unlawful. We understand that Board members may wish to confine their own speech about this subject to a closed executive session. But members of the public still have a right to comment on the issue at an open meeting. In the future we hope that the Board will respect freedom of speech by allowing meeting attendees to speak on any topic related to Village business, however controversial the issue may be. We also ask that you allow Ms. Falabella to comment the recent grievance med by the United Public Service Employees Union at future meetings. Should you wish to discuss this matter fiuther, please do not hesitate to contact us. Sincerely,

BOARD OF DIRECTORS Roy Klein, Esq. President Jaime Eckl, Esq. Vice President Rabbi Stephen W. Goodman Recording Secretary Omar Chaudhry, Esq. Treasurer Donald Shaffer, Esq.* Legal Director Barbara Bernstein" James S. Bernstein, Bruce Castellano

M.D.

Parveen C. Chopra, Ph.D. Diana Coleman Lauren Corcoran-Doolin Michael D'innocenzo Susan Gottehrer Omar Henriquez Terrence Kelleher Linda Leaf Andrea Libresco, Ed.D. E. Christopher Murray, Esq,' Muriel Neufeld Wilton Robinson Anthony Splzuoco Robert Summerville Esau Venzen Herbert Williams Vincent Wright ADVISORY COMMITTEE Ph.D.

Salvatore Ambrosino, Evelyn Bishop Dorothy Blumner Stuart Blumner

Frederick K. Brewington, Bruce Clark, Esq. Judith Clark Leon Friedman, Esq. Phoebe Goodman John DeWitt Gregory Gerald p, Halpern, Esq. Susan lsaacs Jerold Jacobson, Esq, Hon. Jonathan Kaiman Rev. Mark Lukens Wayne N. Outten, Esq. Greta Rainsford, M.D. Marvin Zevin, Esq.

Esq.

-~1;?/f!---- Esq. am'::tha Fredrickson,

Nassau Chapter Director cc: John M. Spellman, Village Attorney}

Laura Crowley Nassau Legal Intern

" State Board Member