Orange split over anti-mayor signs at council session

Thursday, October 04, 2007

BY KEVIN C. DILWORTH

Star-Ledger Staff

Opposing views on what constitutes freedom of speech and what rights citizens have to publicly express dissent were debated at this week's Orange City Council meeting.

But the public discussion was cut short because of fears that a municipal lawsuit might be pending.

"Does the U.S. Constitution mean anything in Orange?" trial attorney and resident Patricia Weston Rivera rhetorically asked the seven-member governing body Tuesday night

Rivera, a member of the Responsible Citizens for Orange watchdog group and its Recall Mayor Mims Hackett Jr. offshoot effort, asked the council whether ordinances or municipal rules exist to strictly prohibit the carrying of signs in the city council chambers, or limit the way residents can express a dissenting view.

The questions were prompted by a stormy Sept. 18 standing-room-only meeting, where supporters and opponents of Hackett expressed views about whether the mayor should resign after his arrest two weeks earlier in an FBI corruption sting.

Protesters carried signs with anti-Hackett messages such as "Resign! Resign! Resign!" and "Go directly to jail. Do not collect pension."

At the meeting, city council President Lisa Perkins ordered two police officers to remove Jeffrey Conway, a 46 year-old city resident and fellow recall movement member, from the council chambers for failing to put down an 8 1/2 by 11-inch protest sign. Conway had been sitting silently in the rear of the room, one row from the back wall.

As he was escorted out the council chambers, Conway looked at Hackett -- sitting with the council on the governing body's dais -- and said, "go to jail, you bum."

Conway was subsequently arrested and jailed on charges he broke the law by disrupting a public meeting. A signed police complaint accused Conway of refusing to keep quiet at the meeting, even after being repeatedly told to do so.

Responding to Rivera at Wednesday's meeting, Perkins said public meetings of the governing body are "not a platform to protest."

No ordinance or measure exists that prohibits sign holding or sign carrying, but Roberts Rules of Order call for certain decorum during public meetings, Perkins said.

"This body is governed by Roberts Rules of Order, and you don't have a right to block someone else's view," Perkins said at Wednesday's meeting. "As an adult, I don't feel that I have to tell you (something) more than once."

So, Rivera asked Perkins, "you took it upon yourself to decide it (Conway's sign) was blocking someone's view?"

At that point, both North Ward Councilwoman Tency Eason and city attorney Marvin Braker warned members of the governing body to cease discussion on the matter, because of pending litigation.

Conway's hearing on the arrest matter is set for Oct. 18, and both Rivera, who is representing him, as well as attorney Kevin M. Costello of Cherry Hill, said they plan to argue that the disruption-of-public-meeting charges were unwarranted.