Saratoga Springs City Council condemns DA’s gag order in officer-related shooting

SARATOGA SPRINGS, N.Y. — During a special meeting on Monday evening, Saratoga Springs City Council members discussed potential responses to recent late-night violence in the city’s downtown bar district.

The council will hold a special meeting at 3 p.m. on Friday, Dec. 2 to potentially take action against Saratoga County District Attorney Karen Heggen’s temporary restraining order levied against city officials last Wednesday, Nov. 23, in regard to the officer-involved shooting that took place on Broadway and Caroline St. on Sunday, Nov. 20.

The city has until Dec. 18 to respond. Plus, the temporary restraining order is slated to expire on Dec. 22, when all parties are anticipated to be in court at 10 a.m.

Monday evening, the council condemned the action’s taken by Heggen. Council members admonished the D.A.’s office for the timing (Thanksgiving eve) of when the order was filed, as well as the length of the order.

“The District Attorney’s gag order, obtained illegally without prior notice to the City, is an unprecedented blow to the Constitutional right to free speech. It should be condemned forcefully and unequivocally,” Commissioner of Public Safety James Montagnino stated regarding the chilling effect the order has created for city employees and officials.

Saratoga Springs Mayor Ron Kim was additionally taken aback by the unorthodox measure taken by the D.A.’s office.

“I’ve responded to [temporary restraining orders] in the past and they’re usually five days at most. A month is very shocking,” Kim stated.

“Right now, the Attorney General of New York State [Letitia James] essentially has an open inquiry on the previous administration. They did not seek a gag order on the city council or anyone regarding that. If the New York State Attorney General can fulfill her duties in the context of an open democracy where first amendment rights prevail, I would think the District Attorney could prosecute criminals without having to violate the constitution but that’s my opinion,” Kim added.

Commissioner of Finance, Minita Sanghvi, also offered her thoughts on the gag order and potential next steps.

“[Monday] night we heard from Commissioner Montagnino and Mayor [Ron] Kim about why they thought it made sense and the urgency for voting on it. I am waiting to hear from our city attorney about his thoughts on the issue before we vote on it. While I am shocked that the DA would gag all elected officials and public employees of an entire city, something our city attorney Tony Izzo said he had never seen in his 35+ years with our city, we must act thoughtfully with our response,” Sanghvi stated.

Public Works Commissioner Jason Golub, echoed that sentiment in wanting to further review the order and to have more time for public comment and input before moving forward on voting on a resolution.

Calls and emails made by The Saratogian to the D.A.’s office were not returned at the time of publication.

Additionally, the council will hold a pair of public hearings to discuss a proposal at its Dec. 6 meeting in regard to mandating that bars close at 2 a.m. instead of 4 a.m. The council also voted to and sent a letter requesting the Saratoga County Board of Supervisors prohibit alcohol sales at bars and restaurants after 2 a.m.

Potential last-call changes would need the support of the county board prior to final approval from the state.

Commissioner of Accounts, Dillon Moran applauded the move by the council but wasn’t optimistic that the county board would sign off on the recommendation.

“I think this is a step that we need to take. I think we need to prepare to do more because I don’t think that it’s going to be recognized [by the board]. I believe that it’s a performative step that we need to do. My expectation is [the board] is going to be happy to take our millions of dollars and turn a blind eye towards our issues and that’s really unfortunate,” Moran remarked.

“I think we need to leave no stone unturned in how we deal with the issues that Caroline Street presents to us but unfortunately I don’t think the county will do this,” Kim noted.

Kim added that he has embarked on discussions with Albany Mayor Kathy Sheehan regarding potential steps and avenues the city might have within its jurisdiction to address the issues of late-night violence emanating from city bars.