Court Upholds Scarsdale Code Barring Signs in the Village Right of Way
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- Written by: Joanne Wallenstein
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Berg lost his challenge to allow the posting of signs in the Village right of way.The court has ruled on Robert Berg’s claims challenging the constitutionality of certain provisions of the Scarsdale Village Code and alleging that Scarsdale Village denied him his First Amendment rights in connection with the enforcement of that local law barring the placement of signage in the Village right of way and the removal of signs from Village-owned property. In general, In Scarsdale, the Village right of way is 13 feet on either side of a paved road, or the first 13 feet from the curb.
In a decision filed on November 12, 2020, Nelson S. Roman, a judge for the Southern District of New York ruled in favor of the Village of Scarsdale finding that the Village code, on its face, is constitutional both under the Fourteenth Amendment (because it gives sufficient notice to Scarsdale residents about what “acts” are prohibited) and under the First Amendment (because it is “content neutral” and narrowly tailored to serve significant government interests ).
However, the court did grant Berg summary judgment on his claim that the Village violated his First Amendment rights by “selectively enforcing the signposting law against political speech relative to other forms of speech.” In other words, before 2018, the Village did permit the posting of political signs around the Village in the weeks before an election but barred any commercial signage. The court found that, if the Village enforces its code, it must be done uniformly for all types of signage.
The dispute dates back to January 2018 when voters were considering a $64.8 million school bond referendum. Berg and his supporters placed “Vote Yes” signs in the Village right of way in front of their homes and in other public places around the Village.
When police removed the signs, Berg sought clarification about the law and was told by the Village Attorney that it was “unlawful for anyone to place sign or advertisement on Village property without permission or authority. However residents can place signs on their property in the portion that is not owned by the Village.”
On February 6, 2018, Berg applied for a preliminary injunction and temporary restraining order to prevent the Village from removing any signs so long as they posted no traffic hazards and he was granted the injunction by the court.
Since February 2018 Scarsdale Police have complied with that injunction and political and commercial signage has been permitted on Village-owned land throughout Scarsdale.
The disputed Village code reads as follows:
“No person other than a duly authorized official or employee of the village shall post, attach or display any sign, notice, placard, poster or other advertising medium to or upon or over any sidewalk, tree, stone, fence, wall, pole, railing of other object in, along, upon or over any street, park or other public place in the village.”
At the time, in response to the injunction, a new provision was added to the Village code that required those who wish to post signs in the Village right of way to apply to the Village Engineer who was required to make a decision on the application within three business days.
Testimony from Village officials shows that the code was rarely enforced. It says, “For at least the past ten years, the Village has allowed for election signs to be posted on the grass area of the Village right of way for a period of time before the date of any election. If a complaint were received the Village would ask that the sign be moved from the right-of-way to one’s property.”
In January 2018 in response to complaints about political signs in the right of way, the Police told the Deputy Village Manager that they were going to collect all signs in the Village right of way in order to be consistent. Berg then applied for a restraining order and when he won it, the Village responded and ordered the police to cease from removing any signs in the Village Right of Way.
Here is a summary of Berg’s case:
Bergs first set of claims were that the provision was “impermissibly vague” and, thus, violated the due process requirement of the Fourteenth Amendment. Berg argued that:
-It did not state the Village right of way was approximately 13 feet from the curb.
-Since the code regarding signs was in a chapter of the code called “Littering and Handbills” that it was only intended to prevent litter, especially from handbills, i.e. not signs.
-It failed to define the words “obstruct’ or “obstruction.”
-The provision is vague because the Village never issued a permit to place a temporary political sign in the Village right of way.
-The provision fails to provide enforcement standards by which the Village Engineer is to evaluate the applications.
The court rejected all of these arguments and found that the provision was not vague and gave fair notice to “persons of ordinary intelligence” of what “behavior or acts” the Village was prohibiting.
First Amendment
The court then turned to the question of whether the Village code violated the First Amendment. Here is what they concluded.
-The court found that the Village code is “content neutral” because the provisions apply to all signs and obstructions without reference to their content or viewpoint.
-The court found that “some regulation of signage is permissible,” if it “is related to esthetic concerns which many courts have found to constitute a significant government interest.” In addition, the code “is intended to advance pedestrian and traffic safety which is in itself a substantial interest.”
-Finally, they found that the Village’s sign regulation clearly leaves ample opportunities for protected speech where it regulates the posting of signs only in public places and not on private property.”
For those reasons, the Court found that the challenged sections of the Village Code do not, on their face, violate the First Amendment.
Finally, the Court turned to Berg’s argument that the “discriminatory enforcement” of the Code violated his First Amendment rights. The court found that, until 2017, the Village did permit political signs to be placed around the Village – but did not permit commercial signage. They said that this extended “preferential treatment” toward political signs and discriminated against other kinds of signs. Any distinction between types of speech would be unconstitutional, but “content neutral” enforcement is permitted because it enforces the sign posting laws without consideration of content.
The court vacated the temporary restraining order that allowed the posting of signs in the Village right of way. The ruling says, “the Village is free to enforce the proscription against the posting of signs on public property, including the Village rights of way, as to all types of signs or as to none of them but it cannot selectively enforce based on whether a sign contains political, commercial or another type of speech.”
Commenting on the decision, Scarsdale Village Manager Steve Pappalardo said, "The Village is pleased that the Court agreed that the Village Code provisions were constitutional and enforceable. We’ll need to review the decision closely and further discuss the operational and legislative decisions amongst the administration, Village Board and legal counsel."
So, what’s the message for Village residents? If you have signs of any kind in the 13 feet in front of your house, move them or lose them!
Scarsdale Business Alliance Announces Holiday Shop & Dine the ‘Dale Initiative and Merchant Raffle
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The Scarsdale Business Alliance (SBA) is thrilled to announce its Holiday Shop & Dine the ‘Dale initiative, which will take place from November 1st through December 31st. Join fellow community members this holiday season and celebrate our independent and local businesses. By choosing to shop and dine locally, you are investing in our neighborhood and strengthening our community.
This year more than ever, Scarsdale brick and mortar businesses need your support. As sales and dining decreased due to the lockdown, merchant spending has increased in order to meet new safety regulations. Our merchants have invested in helping to keep us safe. In return, we should help them keep their businesses viable.
As a core part of its Holiday Shop & Dine the ‘Dale campaign, the SBA will be selling raffle tickets, with chances to win gift cards and items from Scarsdale’s favorite merchants. Raffle tickets are available for purchase for $10 each, with a package of 6 for $50 (www.scarsdalebusinessalliance.com). Weekly drawings for winners will take place throughout the month of December. Proceeds from the raffle sale will support the Scarsdale Business Alliance and all of its members
The SBA is a non-profit organization dedicated to supporting the Village of Scarsdale and its local businesses. Like all other businesses, the SBA suffered financially this year as well. Many merchant members were unable to pay their annual dues, and free provisional memberships were given to all 10583 businesses in order for the SBA to offer its assistance and services to its local businesses. In addition, the Scarsdale Music Festival, the SBA’s largest fundraising event, was unable to be held.
This spring and summer, the SBA, in collaboration with the Village Board and staff, worked diligently to reimagine outdoor usage of space to support its local businesses. Codes were amended to allow sidewalk usage for the display and sale of wares, and sidewalk cafe footprints were expanded to allow for safe outdoor dining. The Dine the ‘Dale tent area has been a huge success in the downtown Village center. The SBA is grateful to its donors, both local property owners and corporate sponsors, whose generosity has helped to create a safe venue for community members to dine and socialize. Key sponsors include presenting sponsor, Scarsdale Improvement Corp., and Platinum Sponsors, Advocate Brokerage Corp., Chubb, Houlihan Lawrence, Julia B. Fee Sotheby’s International Realty, Spencer East Realty and White Plains Hospital.
“The Scarsdale Business Alliance has been integral in finding ways to support our local merchants during this unprecedented time,” said Deputy Mayor Justin Arest. “It is more important than ever to shop and dine locally. Entering the holiday season, let’s make sure that we continue to support the SBA and our retail community.”
Please consider supporting the SBA with your purchase of raffle tickets. Proceeds from the raffle sale will support the Scarsdale Business Alliance and all of its members.
80 Quarantined in Scarsdale Following PSAT Exam at SHS
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(Update October 20) In a second incident in just one week, the Scarsdale School district ran into another COVID challenge on Saturday October 17. After students took the PSAT test at Scarsdale High School, an individual who had been in the room with 80 students in the cafeteria, received a positive diagnosis for COVID-19.
According to the email from the district, “The individual was asymptomatic during the test but noticed a loss of taste/smell while eating lunch after the exam. The person immediately went for testing and then contacted the District with this information.” It was later revealed that the COVID positive individual was a proctor or a person administering the test.
Though students were placed six feet apart and wore masks during the exam, the positive diagnosis required for contact tracing to be done. The Westchester County Department of Health said that the students and staff who were in the cafeteria will need to quarantine for 14 days. However, siblings of these students will not be required to quarantine.
The email from the school district says, “The Department of Health believes the risk for transmission is low due to the safeguards that were put into place but issued the quarantine to ensure there is no further infection from this gathering. The approximately 80 students and staff members who need to quarantine will be contacted directly by the Department of Health over the next 24-48 hours. Additionally, the High School staff will also be contacting all affected students/families.”
The schools custodial team cleaned all affected areas in compliance with the district’s restart protocols and CDC guidance.
School will re-open as scheduled on Monday.
We asked Assistant Superintendent Eric Rauschenbach for more information and here is what he shared.
“Once we were informed of the test result we immediately contacted the Department of Health. On the weekends there is a hotline and you leave a message. In the meantime, the District interviewed the individual and immediately gathered contacts for all of the students and staff that could have come in contact. The DOH contacted us shortly thereafter and we discussed the particulars of the situation and where there could have been exposure. The DOH collected contact information for students and staff so they could follow-up and confirmed they would place all students and staff in the cafeteria during testing on quarantine.”
We wondered if they were investigating where the exposed student may have contracted the virus and contacting whoever else may have been exposed? Rauschenbach said, “The individual was not in the buildings for 2 weeks prior to the test administration so there was no chance of in-school exposure prior to yesterday. The school's role was limited to providing information about yesterday. The Department of Health also interviewed the individual and will be following up on all non-school related contacts and public health concerns as per their procedures.”
How will the 80 quarantined students keep up with their work? Rauschenback said, “They will attend their classes virtually similarly to the way virtual-only students do.
And will they need to be tested before they can return? Rauschenbach answered, “The DOH requires a 14 day quarantine regardless of testing results. If a person completes the 14 day quarantine symptom free they may return to normal life (including school). We encourage families to contact their primary care providers to discuss testing and follow their recommendations. If a person becomes symptomatic during the 14 days they should immediately contact their doctor and follow their advice for testing and follow up.”
SHS Junior Sydney Piccoli interviewed some of the students who took the PSAT in the cafeteria on Saturday October 17 and here are their comments:
Shamolie Panjwani ’22:
Finding out about the COVID case at the PSAT, I was shocked. I was sitting with my mom when she had heard that where a case in the cafeteria and immediately went up to my room and called my friends to find out more information. I had always thought that if I were to be quarantined or get COVID it would be at school, not something I voluntarily went to. My first thoughts were whether I had contracted COVID and if I had spread it to my parents. While I wasn’t as scared about getting COVID myself, I was worried about my parents getting the virus. While I know that going to school, hanging out with friends, and daily activities are all a risk, I felt that this case was a wake up call for many in realizing that COVID is still prevalent within Scarsdale. In terms of my school schedule, I’ll be zooming into classes in the morning in addition to the start of cross-cohort streaming. Because many clubs and extra-curriculars are happening on zoom, quarantine doesn’t affect my schedule too much, apart from hanging out with friends and family.
Charlotte Davis ’22:
I’m glad that the school was so quick to respond to the issue so that it hopefully won’t continue to spread, but I’m personally kind of irritated that I have to spend two weeks locked in my room when I have been following all the protocols and such. I have to be fully online for the next two weeks which I am not excited about because of the added screen time when cross streaming is on the horizon as well. I am also annoying because I’ve had to cancel some of my upcoming plans with family and friends.
Samuel Drescher ‘22
I think it’s really unfortunate but not entirely surprising. The event definitely could have been regulated better. The seats were not assigned and the school did not keep track of who sat where so as to best inform people if they were close to patient 0. The lines in front of the school to check people in were unregulated and crowded, so there was much more room to be exposed than was necessary. It’s ultimately understandable that this happened, but I believe the effects of this exposure could have been mitigated.
Being in quarantine definitely throws a wrench in things. I’m now all virtual, which comes with its own consequences because I have to be on zoom all day. I believe this will have negative effects on my education and my mental health. Before quarantine, I was participating in cross country, but now that I cannot go to practices or meets for two weeks, I may not be able to have a significant season. Also, I will be unable to go on runs and exercise in public, which will probably make it harder to keep up with my physical health.
I was definitely shocked when I found out I had to quarantine. At first I was very concerned for at-risk people in my house, and in case I have the virus, I have to be very careful. This feeling quickly involved into panic as all of the sudden my life felt very out of control, and I know that the next thirteen days are going to be a big challenge. However, I’m optimistic that I will be able to keep up with all of my responsibilities and come out of this having undergone a tough experience.
Fire Prevention Week Focuses on Safety in the Kitchen
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Traditionally, the Scarsdale Fire Department celebrates Fire Prevention Week by holding its annual Fire Fair. In light of the current Public Health guidelines, the Scarsdale Fire Department has decided not to hold its annual Fire Fair this fall. Even though we will be unable to hold the fair in its traditional manner, we remain committed to providing this service to our community in a virtual manner.
This year’s theme for Fire Prevention week is “Serve Up Fire Safety in the Kitchen”. The focus on fire safety while cooking is a response to the fact that home cooking fires represents the leading cause of U.S. home fires. Nearly half (49 percent) of all home fires involving cooking equipment, and unattended cooking is the leading cause of these fires.
Key messages of this year’s Fire Prevention Week campaign, “Serve Up Fire Safety in the Kitchen” will include the following:
Keep a close eye on what you’re cooking; never leave cooking unattended
Keep anything that can catch fire — oven mitts, wooden utensils, food packaging, towels or curtains — at least three feet away from your stove top.
Be on alert. If you are sleepy or have consumed alcohol, don’t use the stove or stovetop.
To get this fire safety message out to the public, the Scarsdale Fire Department will be posting several safety messages and videos throughout October on our social media platforms. Check out the sites listed below and be on the lookout for new information and fun throughout the month of October. If you have any question, please contact the Scarsdale Fire Department Fire Prevention office at (914) 722-1221.
Check Out these sites throughout October:
Website:
https://www.scarsdale.com/fire
Facebook:
https://www.facebook.com/scarsdalefire
Instagram:
https://www.instagram.com/scarsdalefire
Inside Scarsdale High School -Signs, Distancing, Masks and Virtual Learners
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- Written by: Anna Cho
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Mr. Williams conducting his Chamber Orchestra class.September 18, 2020 marked the first day of school for students in Cohort A at Scarsdale High School. As students shuffled into school with masks wrapped around their faces, they followed stickers that showed them which direction to walk and to remain six feet apart.
Many changes can be seen around the high school such as the new safety guidelines featured on signs all throughout the building. As one steps inside, one’s eyes are immediately attracted to the Old Commons, an area once filled with noisy students one next to another in the morning, sitting in tables preparing for their classes, and feasting on a protein bar or two before class started. Now, the lounge area has become filled with empty rows of seats separated from each other.
As one enters into the classrooms, one can notice that the rooms all consist of the same layout, rows of chairs with several feet of distance between them. An empty chair is placed in the front of the classroom for the teacher to place his or her laptop for all virtual students to watch the lesson, while other teachers chose to display the virtual students on the smartboard.
The teachers no longer walk up to student’s desks, but rather remain at the front of the classroom, teaching through their masks.
Mr. Harrison, Social Studies Department Chair, talking to his virtual students in the AT US Government class.
As senior Andrew Lofaso discusses his first day of school he describes how as he walked into the building, “At first it was a shock, just to see the school in that kind of state, but after a little time, adjusting wasn’t so bad. The biggest adjustment was having to wear a mask all day and not being able to interact as intimately with your peers and teachers.”
While there is a learning curve to virtual classes and it can take time adjusting to the hybrid schedule, students and teachers alike are working together every day to make the transitions as smooth as possible for everyone.
Seniors Andrew Lofaso and Trevor Koch wearing their masks while participating in their Spanish class. 
Spanish teacher, Ms. D"Angelo, teaching her students, including her virtual students, that remain on the smartboard.
Mr. Sipe teaching Honors Geology class to his seniors.
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