SWAMPSCOTT, MA — For more than a year and a half, Swampscott officials and police have debated ways to help quiet the regular protests in the town that have often involved what they consider hateful speech and they said have recently become increasingly aggressive.
The Select Board members and police have routinely expressed regret that what many residents consider bigoted, vulgar and hurtful words and actions are largely protected under state free-speech laws.
But a recent escalation in protest activity — which residents and officials said has involved targeting and videotaping children attending school in the area — has caused a renewed call to do something about the "protesters."
"Oftentimes a law and common sense go in different directions," acting Swampscott Police Chief David Kurz told the Select Board at its last meeting. "This is clearly one of them. I can only assure you that every member of the police department is frustrated with our inability to do something about what we all recognize as being bad."
Kurz said he has sought out advice from American Civil Liberties Union on how the town can protect itself from the language of the protests while not infringing on the rights of free speech.
Capt. Joe Cable said there were charges of "annoying and accosting a person of the opposite sex" and disturbing the peace against one protester, but that charge was only possible because the parents of the child targeted agreed to press charges. In most cases, Cable said, a "victim" is required for those charges to be valid, and often when police identify the targets of a verbal assault — even one videotaped and posted on social media — families do not want to pursue charges.
"The police are not allowed to be offended," said Kurz, who noted the recent escalation in aggressiveness appears to be "this coming to a head."
Town Administrator Sean Fitzgerald allowed that repeated attempts to ask Town Counsel about what actions can be taken have returned similar responses — that free poltical speech is uniquely protected and there is only so much the town and police can do beyond asking protestors to move, which they have declined to do for more than 18 months.
"Many of us feel the same way about the vulgarity and indecency with some of comments and behaviors," Fitzgerald said. "We need to have a common-sense discussion with how we protect our young citizens who are going to school."
While permits can be required for large-scale protests — that number in the hundreds — the handful of those who routinely voice opinions that officials say are in stark contrast with community standards downtown more qualify for personal free-speech exemptions.
Fitzgerald suggested one avenue the town could seek is a noise ordinance that specifically restricts the use of voice amplifiers. He also suggested countermeasures to showcase the town's belief system — including the proposed renaming of Columbus Day to Indigenous Peoples' Day slated to be on the next town meeting warrant.
"I'm personally sorry for anyone in town who has been impacted, afraid, psychologically and emotionally hurt by some of the just nasty things that are being said," Select Board Chair Polly Titcomb said.
Officials agreed to return to the Select Board with updates and additional measures that can be taken at an upcoming meeting.
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(Scott Souza is a Patch field editor covering Beverly, Danvers, Marblehead, Peabody, Salem and Swampscott. He can be reached at Scott.Souza@Patch.com. Twitter: @Scott_Souza.)
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Swampscott Pursues New Steps To Quiet Hateful, Vulgar Protests - Swampscott, MA Patch
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