Attorney: ‘An effort to stifle First Amendment speech’

ing early. City officials said Hickenbottom exceeded the two minutes she was allotted during the meeting’s public comment period.

“It’s Black History Month actually so I’m going to use my Blackness to have a conversation with you,” she said at the meeting.

Mark Mishler, an attorney representing Hickenbottom, described the request for a summons as “an effort to stifle First Amendment speech,” and said if the court issued it he and Hickenbottom would be fighting the charge.

“It really sounds like an attempt by a public official to squelch dissent,” he said.

In a statement Thursday, Saratoga BLM drew comparisons to actions by the city’s previous administration against activist Lexis Figuereo, Hickenbottom’s brother. Figuereo faced charges last year in connection with a Black Lives Matter rally in the city and remarks made at a council meeting. A judge later dismissed obstruction of governmental administration charges tied to the council meeting and District Attorney Karen Heggen dropped a disorderly conduct charge that stemmed from the rally.

The state Attorney General’s office is currently investigating

Saratoga Springs police conduct against BLM protesters in 2020 and 2021.

Montagnino said his decision was centered on preventing further disruptions at public meetings, and said he waited to request a summons until the second monthly council meeting this past Tuesday, during which he said BLM activists returned and disrupted the meeting, though he is not aware if Hickenbottom was present.

“The only people guilty of suppressing citizens’ rights to express their opinion at a City Council meeting were the people with Ms. Hickenbottom,” he said.

City officials have condemned Montagnino’s decision, calling it an overreach and a waste of city resources that could lead to additional costs to taxpayers. In a statement Thursday, Kim called for Montagnino to withdraw the request.

“The BLM activist who interrupted our meeting on February 7, 2023, acted in an irresponsible manner and I condemn any outbursts by a community member at our public meetings,” he wrote. “But I do not believe it was criminal or requires any consideration by the courts.”

Council members Minita Sanghvi, Jason Golub and Dillon Moran put out a joint statement condemning the action.

“The criminalization of speech is simply unacceptable and will further widen the divide that exists within our community,” Moran wrote in the statement.

Mishler disagreed with framing Hickenbottom as acting irresponsibly.

“This is how people move the needle in regard to correcting injustices,” he said.

Montagnino said he is not seeking an arrest or fine against Hickenbottom. Mishler said that is a disingenuous claim when penalties could include fines or jail time and could result in public scrutiny.

“That damage is already done,” he said. “And I wish he had thought it through before he took this step.”