When it Comes to Racism & Retaliation, Saratoga Springs Is a One Horse Town
A two-day delay, when the concerns of those who worked to address a centuries-old problem have been met with one stall tactic after another, seems insignificant by comparison...
Quick Facts:
On Monday, April 24, 2023, Lexis Figuereo appeared in court after being processed by the Saratoga Springs Police Department (SSPD). As more than a dozen BLM members and supporters stood nearby, SSPD informed Lexis’s attorney, Mark Mishler, that he was not allowed to accompany his client during the process, which is inconsistent with past actions by the department.
Mark Mishler, attorney for two Saratoga BLM activists charged by Public Safety Commissioner, Jim Montagnino, appeared before Judge Constantine DeStefano. DeStefano granted a waiver of personal appearance for Chandler due to recovery from an injury. An adjournment in contemplation of dismissal was offered and is under consideration.
Lexis also appeared before the judge, facing two charges. One of Disorderly Conduct, and another Obstruction of Governmental Administration in the second degree. He was released on his own recognizance and is set to return May 8, 2023 at 9am.
In a press conference afterward, Lexis stated this is the “Same thing as in 2021, same exact charges,” referring to charges brought for speaking out of turn in a city council which were later dropped. The last administration has since been under investigation by the Attorney General, which has currently cost the city more than $65,000.00 in legal fees. He went on to say “Jim Montagnino’s reasoning for summons of disorderly conduct (against Chandler) is she allegedly shut down the meeting. Somehow, four weeks later I speak out passionately because it's about our community… the meeting was not shut down whatsoever.”
Despite the different outcomes, Lexis pointed out he is facing two charges.
“We have to speak out in a rage to get things done.” Lexis said, “For a year we participated quietly and there was no change.” He stated that although Saratoga BLM advocated for the CPRB, they were told they were not allowed on it. Lexis stated he accepted that, but was frustrated by the lack of movement on implementing any reform measures.
“We noticed the moment after Chandler started to speak out- demanding change not asking for it- they passed the no-knock and started to push for the 50 points.”
By this, Figuereo is referring to the reform plan ordered by former Governor Cuomo. “When we talk quiet, nothing happens, when we talk loud, change happens. There’s always resistance from the public safety commissioner.”
Figuereo added that meetings are often disrupted by people talking out of turn and yelling, even taking the microphone when it is not public comment. In both the February 7th and April 4th meetings, a number of other Saratoga BLM members, their supporters, and other community members spoke out of turn exhibited the same behaviors Chandler and Lexis now face charges for.
Montagnino’s tactics seem to be an attempt to silence dissent and sow division in the BLM movement. Yet as students of history, we understand the divide-and-conquer tactic and will not fall for it.
In addition to wanting the charges against himself and Chandler dropped, Lexis called for an independent audit into Jim Montagnino.
Mark Mishler spoke as well about the offer of an ACOD for Chandler Hickenbottom, stating ideally he wants to see the charge removed as he believes it never should have been filed in the first place, but they are considering their options.
Figuereo ended the press conference by stating that Montagnino ran for office on the promise of opening an investigation into the death of Darryl Mount, but as he has since revealed his racism and sexism as noted by the community and his peers on the council, he believes Montagnino’s report on Darryl Mount is not objective. He is calling for a new investigation into Mount’s death ten years ago.
How you can help:
Fundraising for legal fees on Cashapp: $SaratogaBLM1312
Attend the Saratoga Springs City Council Meeting on May 2nd
Write letters and OpEds. Shy? We can help. Contact us at: theactivistsadvocate@substack.com
Show up for court May 8th at 8:30am, 474 Broadway Saratoga Springs NY 12866
Deep Dive:
The taxpayer toll for the last administration’s racist and retaliatory actions against Saratoga BLM protesters and allies in 2021 hasn’t yet peaked, but it appears the new Public Safety Commissioner, Jim Montagnino, is not deterred from resorting to similar tactics.
Despite BLM’s open support for Montagnino’s campaign in 2021, which included a vow to investigate the death of Darryl Mount and put an end to police abuse of power in the city, the Public Safety Commissioner was quick to change his tune once he took office. Over a year into his term, he backpedaled on the Mount investigation and drew controversy with a slew of racist references while opining about crime in the bar district to local news.
Rather than keeping his campaign promise and state mandate to enact a 50-point plan to address racism and abuse of power in policing, Montagnino focused instead on inflammatory and racist statements regarding a DJ at a local restaurant who played hip-hop music. Montagnino made several racist comments to the press regarding “gangster rap” music “attracting unsavory characters.”
What unsavory characters could he possibly mean?
But it was what the Public Safety Commissioner- and City Council- didn’t say in the wake of police murder of Tyre Nichols that drew criticism from local activists. Saratoga BLM called the council to task on February 7, 2023, for their lack of action toward the 50-point plan. One of the group’s founding leaders, Chandler Hickenbottom, continued speaking about her frustration at the lack of action and challenged each member of the council to speak about their reaction to the video of officers attacking Nichols. Despite his peers answering her question, Montagnino deflected and went on to make racist statements while attempting to gloss over the violence and abuses of power within SSPD. When BLM and supporters challenged this, the council voted to end the meeting early.
Although most media reports claim Hickenbottom “interrupted” Montagnino, significant context is missing from this characterization. Montagnino’s response to being asked his reaction to watching the video of police murder Tyre Nichols is to claim that the “Scorpion Unit” is nothing like the “carefully vetted” SSPD. He claimed that SSPD are rigorously screened and trained to rule out “people who are thugs at heart.”
This statement is not only racially charged but also blatant gaslighting considering SSPD remains under AG investigation for abuses of power and targeting Black people. In addition, SSPD has never been properly investigated for the actions that led to the death of Darryl Mount in 2013. Montagnino attempted to exemplify the SSPD’s integrity by citing an incident in which SSPD shot two people, one of them an unarmed woman, in a busy downtown area. He cited the police giving aid after the shooting to differentiate the highly problematic department from the Scorpion Unit in TN.
Montagnino frequently makes statements laden in controversy and racist dog whistles, but his blatant disregard for the trauma SSPD has inflicted on the Black community locally at a time when Tyre Nichols’ murder reopened a wound for people nationwide deserved a response and call to accountability.
It was within this context that a number of people in attendance challenged Montagnino’s flippant response to a serious request for an authentic answer.
Shortly after several people in the crowd challenged Montagnino, the city council voted to adjourn the meeting. It was rescheduled and completed two days later.
Any planned business was attended to at that time. A two-day delay, when the concerns of those who worked to create the 50-point plan to address a centuries-old problem have been met with one stall tactic after another, seems insignificant by comparison.
Two weeks after the February 7th meeting, Hickenbottom learned she had a court summons. Saratoga BLM and supporters attended a hearing in Saratoga Springs from which both city judges recused themselves, causing Mechanicville Judge Constantine DeStefano to preside over the matter. He threw out the motion for an Order of Protection at the arraignment.
His actions have once again put Black activists in danger, as followers of a local hate site were quick to react by creating racist, mysoginistic videos targeting Chandler Hickenbottom.
In a subsequent meeting on April 4, 2023, several members of BLM and their supporters expressed continued anger at Montagnino and interrupted a speaker’s racist narrative of the events of February 7.
Public comment was closed, then reopened shortly after. A woman not affiliated with BLM who appeared in distress over her experiences with past police violence also expressed anger at Montagnino at one point grabbing his microphone and yelling.
During city business, the council voted 4 in favor 1 abstaining on a resolution to not use city funds to finance Montagnino’s future legal fees related to this incident or any resulting legal actions.
On the eve of the following meeting two weeks later, Saratoga BLM cofounder Lexis Figuereo learned Montagnino filed two charges against him. This news broke first on a local hate site with a small following, along with an amateur cartoon depicting Montagnino physically and sexually assaulting Figuereo. This website’s continued publication of sensitive information from the SSPD suggests a leak in the department.
Figuereo, who along with others in attendance at the April 4th meeting, spoke out of turn on several occasions, yet the meeting continued. Despite a prominent local white attorney stepping to the microphone to give an unsolicited opinion long after comments closed, only Lexis and a woman who appeared to be experiencing mental distress were charged.
Both were charged with disorderly conduct and obstruction of governmental administration.
A number of community members spoke out against the continued criminalization of free speech in the last city council meeting on April 18, 2023.
It should be noted that Montagnino proceeded with charges against Lexis and another attendee after the council passed a resolution barring him from using city funds to cover any legal fees related to his actions or future lawsuits.
In justice and solidarity,
The Activists Advocates