Saratoga Black Lives Matter leader Lex Figuereo was ticketed in May for failing to file the declaration required by the city for groups holding demonstrations. This prompted a variety of responses from BLM supporters, including the New York State Attorney General’s office. The Capital District Democratic Socialists of America (DSA) organized a demonstration objecting to Figuereo’s ticketing. The AG’s office sent a menacing note to the city, bizarrely elevating the filing of a simple form to somehow violating Lex Figuereo’s freedom of speech.

All those who have objected to Figuereo’s ticketing share a fundamental misunderstanding and misrepresentation of the declaration (for a start, it’s not a permit) and how the city responded. In an attempt to set the record straight, Saratoga Springs Public Safety Commissioner Tim Coll wrote the following letter that appeared in Saratoga Today.

Letter to Editor Saratoga Today:

I am reaching out directly to all Saratogians to explain what has occurred with the recent issuance of Appearance Tickets related to Saratoga BLM. The Appearance Tickets were issued because the primary organizer of two BLM demonstrations failed to file demonstration declarations.

DEMONSTRATION DECLARATION

The City of Saratoga Springs requires by Code that any group planning to demonstrate must file a document called a “demonstration declaration.” There is no fee for the declaration and this requirement was established by the City in 2005.

The purpose of the declaration is to provide a way for the Department of Public Safety to work cooperatively with groups organizing demonstrations to ensure that the demonstrators and the public can be safe. As an example, two groups wanted to demonstrate in the same area during the Belmont Festival so alternative locations were provided and agreed upon.

This declaration process is administered by the Accounts Department, and each declaration, if completed properly, is approved. In 2024, the following organizations have filed demonstration declarations that were approved; Saratoga Peace Alliance, Jewish Federation, Horseracing Wrongs, and CSEA. Therefore, the only organization that has refused to comply with this ordinance, thus far in 2024, is Saratoga BLM.

APPEARANCE TICKETS

It should be noted that the issuance of an Appearance Ticket is not a custodial arrest. No person was placed into custody, handcuffed, or processed. The Appearance Tickets were served upon Mark Mischler who is representing the leader of Saratoga BLM.

It should also be noted that the pre-planned, non-violent, protests were not interrupted.  In fact, the SSPD took appropriate actions to keep the demonstrators safe when they blocked traffic on the streets in Saratoga Springs.

I want to be clear that I strongly agree with the issuance of the tickets because not doing so would be a violation of the Constitutional Right to Equal Protection, in violation of the 14th Amendment. More specifically, we should not treat Saratoga BLM differently than the Jewish Federation or Horse Racing Wrongs or any other group.  As noted, doing so would be a violation of the 14th Amendment and a violation of the basic tenet of unbiased policing.