November 2, 2010
Incident on Election Day at Mt. Sinai High School
I arrived at my polling place, Mt. Sinai High School, at around 10:00 a.m. and voted. At approximately 10:30 I went to my car and retrieved a sign. I stood well outside of the 100’ polling place yellow markers that were attached to two trees and displayed my sign.
About that time, a gentleman walked past me toward the building carrying several 2” x 4” studs and two large plastic cases – one of which bore the Dewalt logo. He said that what I was doing was illegal and identified himself, after I asked, as an art teacher. Given that my sign was in opposition to the NYSUT-backed candidates, I thought that his disapproving attitude was in support of the union’s position.
Later, a man who identified himself as Mr. Matthew Dryoff, High School Assistant Principal, approached me and said the Superintendent had sent him to tell me to leave and that I was welcome to come back and discuss the matter after school.
I asked two times to see the regulations prohibiting me from being where I was and pointed out the yellow markers to Mr. Dryoff to show him that I was not violating the proximity regulation. At one point, a lady with long blond hair appeared and said that what I was doing was electioneering and that she could call the police on me. She did not identify herself nor did she have a visible name tag as the other poll workers wore. When I asked her to show me the regulations prohibiting me from sharing information with other voters, she said that they would show me the regulations after I was placed under arrest.
When I asked the lady if they should show me the regulation before they arrested me, she simply said that it was a law – Mr. Dryoff, who could not identify the law in question, said that I should know the law. When I repeated the request to see the law, Mr. Dryoff told the lady to call the police. As they both walked away from me toward the building, I said that she should make sure to have a copy of the law to show the police.
Mr. Dryoff walked around with other men and one measured off the distance from the polling place entrance to the area near the trees. Between the time of the measuring and the arrival of the police, the two yellow markers on the trees had disappeared.
About a half hour after the encounter, three police cars arrived. A fourth arrived later. A cordial discussion with the police ensued and after it became apparent that no law was being violated, I agreed to stand across the drive. An officer wrote down my name, address and telephone number.
The following points concern me:
1. Electioneering is a time-honored practice in campaigns and voting. The yellow signs state that electioneering within the 100’ marker is prohibited and that has been a respected rule of peaceful political activity.
I remember handing out campaign literature on a Middle Country District school property outside of the boundary marker when I campaigned for Congressman George Hochbrueckner – we respected the law and were not bothered by election or school officials or the police.
On Primary Day, September 14, 2010, I and several others, distributed campaign literature to people walking toward the polling place. We were well beyond the two yellow markers attached to the trees and were only requested, by election officials, to tell voters to conceal campaign literature before entering to vote.
There is concern that the ground rules for campaigning seem to have been changed today. Is the freedom to campaign being determined by some based on the content of the message? Did the opposition to NYSUT’s chosen candidates prompt the summoning of the police?
The fact that the posted yellow 100’ distance signs were removed before the end of the election today should raise some questions. Did the Board of Election officials remove the signs? If they did, why was that done between the time of the encounter with Mr. Dryoff and the arrival of the police?
2. Election officials should have proper identification. I don’t know who the lady with the long blond hair was – she could have been a teacher or a bus driver.
3. Election officials should be familiar with the election law, provide requested documentation and consult a Board of Election commissioner before calling the police to arrest a citizen for a peaceful, non-threatening and constitutionally protected act.
4. I feel that my First Amendment rights of speech, publication and assembly were violated by threat of – and actual – calling the police for supposed violation of an unidentified law or regulation. I feel that being forced to move to another area when I was already approximately 125’ from the stated polling place had a chilling effect on the presentation of my message.
5. Mr. Dryoff’s prime concern about “the kids” asking what was going on seems to be a weak argument for denying a citizen his right to peacefully express his opinions. Mr. Dryoff could have made this, as President Obama has frequently said, “a teachable moment.” Since we were in front of the high school and “the kids” are of high-school age, this was an excellent opportunity to describe how Democracy works in a free society.
As a father of three, I can attest to the maturity and ability of high school students to be able to deal with the situation that seemed to give Mr. Dryoff such concern. The Supreme Court addressed its understanding of student maturity and rights in 1969:
“In 1965 in Des Moines, Iowa, three Quaker children were suspended from school for symbolically protesting the Vietnam War in their classroom. In an important freedom of speech decision, the U.S. Supreme Court proclaimed that children "did not leave their constitutional rights at the school house door" (TINKER V. DES MOINES, 1969).”
http://www.faqs.org/childhood/Ch-Co/Children-s-Rights.html
As a taxpayer and citizen, I expect the same respect for my constitutional rights outside the school house door for the purpose of addressing my fellow citizens about the reasons that brought us to that specific place on that specific day.
6. The United States Supreme Court decision of Ashton v. Kentucky, 384 U.S. 200, 86 S.Ct. 1410 pointed out that “when first Amendment rights are involved, we look even more closely lest under the guise of regulating conduct that is reachable by the police power, freedom of speech or of the press suffer.”
The New York State Constitution, at Article 1, Section 8 states, “Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.”
The Mt. Sinai School Board Policy Manual, on page 2, states similar adherence to the respect for, and liberty of, the individual and his or her right to speech without fear of intimidation or coercion:
“UPHOLDING the principles of due process and individual dignity, and protecting
the civil and human rights of all;
“OBEYING all national, state, and local laws and regulations pertaining to education
and public agencies;
“INSTILLING respect for community, state and nation.”
The High School Handbook states, on page 74:
“The district has a long-standing set of expectations for conduct on school property and at school
functions. These expectations are based on the principles of civility, mutual respect, citizenship,
character, tolerance, honesty and integrity.”
I submit that Mr. Dryoff and the unidentified lady with the long blond hair – the one whom Mr. Dryoff told to call the police – gave the impression of attempting to regulate my conduct for unknown reasons. I further submit that my actions on this special day of elections in a public place were entirely within the bounds of propriety and appropriate for the occasion.
7. The surprising disappearance of the posted yellow signs before the arrival of the police leads me to question the motives of those involved.
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We owe our children and ourselves the protection of those rights and liberties that allow us to express our opinions, however disagreeable, in respectful and lawful ways. We especially owe our children opportunities to see how adults handle issues fairly, equitably and with respect for the rights of all. It is through those examples that our children learn._____________________________________________________
The essential defense and preservation of liberty is the exercise of liberty.
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See what really happened to chill First Amendment rights
You can see the YouTube video of the encounter at:
