CHESTER, Vt. – An unusual number of residents turned out for the Chester Selectboard meeting on Oct. 7, primarily to voice opposition to a draft policy aiming to regulate use of the town Green. The Chester Green has seen significant use in the last several years as a place for large rallies and demonstrations, particularly the No Kings rallies which have become regular occurrences since the inauguration of the current presidential administration.
Though Board Chair Lee Gustafson noted that the draft had not been reviewed by the town’s attorney, Jim Carroll, and would likely see significant revision once it had, nonetheless many residents wished to speak against any regulation prohibiting or significantly restricting noncommercial gatherings on the Green. While Gustafson expressed a preference for waiting on discussion until Carroll had his say, the other board members disagreed and elected to hear the concerns of those gathered. Several board members also voiced their opposition to aspects of the draft prior to opening the floor, notably Tim Roper, who said that the board has “no business trying to govern” the right to assembly.
Town Manager Julie Hance also expressed trepidation about the draft, saying that neither she nor Carroll were convinced that the town needed a policy at all. “This policy…is fraught with all kinds of issues,” Hance said, adding, “Is it necessary? Probably not.” Ultimately, however, Hance said she had assembled the draft due to repeated concerns about the safety of large gatherings on the Green, and that the policy is not intended to prevent any kind of assembly. “For me,” Hance insisted, “I care only about public safety.”
The board did, however, consider the possible need to regulate commercial uses of the Green, for which the town currently has no policy.
When the floor was opened for comment, several residents voiced concerns with the draft. Charlea Baker noted that the current draft includes a 30-day waiting period when applying to use the Green, stating that, in her view, this “obliterates the First Amendment” by effectively disallowing rapid response to events unfolding in real time. Robert Nied concurred, saying, “[If] we have a commercial problem, address it, but we don’t have a First Amendment problem. The First Amendment exists, and everyone has a right to be [on the Green].”
Responding to the potential commercial-use policy, Julian Sottovia noted that any such policy need not be restricted to the Green, but could, and likely should, regulate mobile vendors across the town, making a policy targeting the Green specifically unnecessary.
Evan Parks also expressed concern with the regulation of sound systems in the draft, which he said treated sound systems as a “nuisance.” Parks noted that, at large demonstrations, sound systems are employed as safety devices, with uses such as crowd control, traffic direction, communication, de-escalation, and evacuation.
The board thanked those who spoke for their comments, and said that the policy would be placed on a future agenda pending Carroll’s review.
The board also discussed adding pedestrian lighting do Depot Street as part of the Depot Streed sidewalk project, at a cost of $450,000, 20% of which, or $90,000, would be paid by the town. This is part of a grant the town was awarded in 2018, and as such the funds cannot be allocated in any other way; they must be spent on lighting or not at all. The lighting would begin at the Chester Town Hall and continue down Depot Street, ending at Bargfrede Road.
Hance also expressed her opinion that, should the board approve this pedestrian lighting, it would likely in the future want to discuss further lighting continuing to Main Street and into the village, as it would be “awkward” to end the pedestrian lighting before it reaches the denser areas of town with higher foot traffic. Gustafson agreed with Hance’s assessment.
Opinions among those at the meeting were mixed. Resident Laurie Goodrich told the board she carries a flashlight when necessary and does not believe further lighting is needed. Sottovia and Evan Goodrich differed, with Sottovia saying he felt the pedestrian lighting would improve the ambiance of the village.
There was some concern among the board about recurring maintenance costs, but ultimately a motion to approve the lighting carried, with only board member Peter Hudkins voting against the measure.
The Chester Selectboard meets on the first and third Wednesdays of every month, at 6:30 p.m., at the Chester Town Hall.