Winchester Policy Violates Free Speech Rights

The American Civil Liberties Union of Connecticut sent a letter to Winchester officials today, warning that a policy restricting what members of the public can say at Board of Selectmen meetings is unconstitutional.

The policy on citizens' comments reads: "Speakers may offer objective comments that concern them. No one will be permitted to express personal complaints or defamatory comments about Board of Selectmen members nor against anyone connected with the Town or any individual, firm or corporation, nor against other members of the audience."

Acting on behalf of resident Jay Budahazy, who often speaks during the citizens' comment period of Board of Selectmen meetings, ACLU of Connecticut Staff Attorney David McGuire wrote that the policy violates the First Amendment to the U.S. Constitution and similar provisions of the Connecticut Constitution that protect speech.

McGuire noted that when Budahazy spoke at the July 1, 2013 Winchester Board of Selectmen meeting, Selectman Althea Candy Perez and Selectman James DiVita interrupted and censored his comments. Perez instructed him repeatedly to be respectful and to word his comments differently.

The letter was addressed to Winchester Mayor Mary Ann Welcome with copies to the town attorney, the town manager and members of the Board of Selectmen.

"In the United States we don't require people to be respectful, however that might be defined, when speaking about the government or to its representatives. Allowing only positive comments or forbidding members of the public from criticizing board members is clearly unconstitutional and runs counter to the principles of democracy," McGuire said. "We hope that town officials will recognize this and act accordingly so that we don't have to take legal action."

Listen to an audio recording of the July 1 exchange between Budahazy and the Board of Selectmen.