By Charles Lavine
I’m extremely fortunate to have a talented group of summer students participating in a program that introduces them to how government functions. They work together as a think tank, researching and discussing the pressing issues of the day. We have plenty of those.
We have analyzed the Declaration of Independence, the 14th Amendment’s guarantee of birthright citizenship, and researched President Theodore Roosevelt’s beliefs about what it means to be an American. It is no surprise that the students have different and opposing views.
My objective is to collaborate with them to provide a space in which their views can be considered in a meaningful and civil exchange. As part of the program, we attended the Nassau County Legislature’s session on July 28. We met with Minority Leader Delia DeRiggi-Whitton, Legislators Olena Nicks, Seth Koslow and Scott Davis, and Democratic staff.
One of my fondest memories of visiting the Legislature was when my friend Norma Gonsalves, then the presiding officer, took time out of her busy day to speak at length with my students about the importance of civic responsibility and bipartisan relationships. That was truly meaningful to all of us, and an experience none of those students will ever forget.
After touring the Theodore Roosevelt Executive Office Building, the students and I went to the legislative chamber to see democracy in action. What we witnessed, however, left me with cause for concern.
When the time for community comment began, Presiding Officer Howard Kopel noted that many in the audience were there to speak about immigration. He stated that the Legislature had absolutely nothing to do with that issue. His attitude was dismissive, and sent the message that he had no interest in their statements.
We heard several people express their heartfelt concerns about the effect of ICE raids on their communities. They spoke of fear for their neighbors and the damage to our economy. Fernanda Mejia spoke with great emotion. Her father, Fernando, managed the Schmear Bagel & Café in Port Washington. Although looking for someone else, ICE arrested him.
Another speaker compared what ICE is doing to events in Nazi Germany. Kopel became visibly upset, and said that such comments were out of place. He threatened to remove the speaker. Undeterred and unintimidated, the speaker continued. Kopel then announced that he was suspending the session, stood up and left the chamber, followed by every other Republican legislator. Even though the microphone had been turned off, members of the community approached the lectern and continued to speak.
In all the years that I have served in public office, I have never seen anyone denied their constitutional right to speak at a government hearing. The First Amendment guarantees “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” New York’s own Constitution guarantees free speech and the right to petition government.
Kopel had unknowingly set a trap for himself when, at the beginning of the open comment period, he announced that the Republican-dominated Legislature had nothing to do with immigration. He must have forgotten that County Executive Bruce Blakeman ordered the county Police Department to assist ICE. He must have forgotten that Blakeman had stated, “There is no reason to be afraid because they’re only going after people who have committed rapes and burglaries.” That statement was certainly cold comfort to Fernanda Mejia, whose father had been in the United States for 20 years, contributed to our economy, provided for his family and committed no crime.
The Legislature approves the executive’s budget, and therefore has the inherent authority to reject or reduce his spending requests, and the power to influence his decisions and exercise independent action. Kopel must also have forgotten that the very purpose of having a Legislature is to serve as a check and balance on the executive — in this case, the county executive.
As James Madison wrote in Federalist No. 51 in 1788: “The accumulation of all powers, legislative, executive and judicial in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
Matters worsened when Kopel intentionally censored a citizen from speaking her mind. That wasn’t just demeaning and disrespectful; it was un-American.
I am proud of our fellow citizens who spoke truth to power, and of the many citizens there to support them. I am also sure that my summer students got to experience democracy in action, something they will never forget.
Charles Lavine represents the 13th Assembly District.
