The conflict between the Saratoga Black Lives Matter movement and the city of Saratoga Springs has escalated to the New York State Attorney General’s Office. Concerns have arisen that the city is allegedly engaging in retaliatory behavior against the group’s co-founder, Lexis Figuereo, and Saratoga BLM protests.
New York Attorney General Letitia James’ office requested that the city turn over all documentation regarding two citations issued against Figuereo in May. This request follows reports of former city officials violating the rights of protesters during the summer of 2021.
Attorney General declares city’s actions unconstitutional
Rick Sawyer, a section chief with the Attorney General’s Civil Rights Bureau, sent a letter to the city’s attorneys on June 13, the same day Figuereo appeared in court for the citations. The letter references incidents of unconstitutional retaliation against protesters and expresses concern that the city has resumed such practices.
“The OAG has reviewed troubling reports that, in May 2023, the SSPD issued desk appearance tickets to a protest organizer in connection with two non-violent protests,” the letter stated. “Those tickets allege violations of Saratoga Springs ordinances that purportedly require individuals to give notice to the city before engaging in First Amendment-protected activity.”
The documents are expected to be turned over to the Attorney General’s office by July 8. Figuereo expressed feeling justified by the letter, viewing it as proof of his group’s claims. He also emphasized the need for the City of Saratoga Springs to adopt guidelines laid out by the Attorney General’s office to protect First Amendment rights and prevent officer misconduct.
Figuereo received two citations in May. The first was related to a May 1 demonstration organized by Saratoga BLM and other groups calling for a ceasefire in Gaza and a free Palestinian state. The second citation was issued after a May 25 gathering to honor George Floyd, although Figuereo only held a press conference preceding the event.
Public Safety Commissioner Tim Coll stated that the city is fully cooperating with the Attorney General’s office. However, he noted that ongoing negotiations prevent him from responding further.
Saratoga continues to violate protester’s rights
Figuereo’s court case for the citations was postponed until August 1, as his lawyer, Mark Mishler, argued that the city did not provide the “proper legal accusatory instruments.” Mishler stated that the city is continuing its efforts to “single out and penalize” Figuereo for exercising his First Amendment right to protest.
“We are gratified that the AG’s office sees the most recent acts by the city — attempting to single-out and penalize Lexis Figuereo for ‘organizing’ two peaceful and constitutionally protected rallies — for what they are, blatant infringements on the constitutional rights of Mr. Figuereo, all Saratoga BLM activists and leaders, and, in fact, all who believe in the necessity of speaking out against injustice,” Mishler said.
Figuereo also addressed the actions of Saratoga Springs officials, stating, “What this is, is exactly what we knew it was going to be, retribution for the Attorney General’s report that they don’t like, retribution for the lawsuits against Saratoga Springs. Once again, it’s the old playbook; it’s nothing new. We refuse to dismantle BLM and will keep our eyes on the real enemy inside this building.”
