Freeport
Village News

January 23, 2001 

Freeport's Mayor Can Run, But He Can't Hide

by Stewart Lilker

A new chapter began this past Tuesday evening, January 23d, when members of Freeport’s Latino community came out once again in force to protest their shoddy and what they consider discriminatory treatment at the hands of the Republican Glacken administration and particularly the Freeport building department. Mayor Glacken (pictured here), who never responded to a written invitation, intentionally ducked the meeting with the Latinos by attending a political function down the block. A Freeport resident who saw Glacken at the Freeport recreation center Tuesday evening told FNYN, "It looks like Glacken can run, but he can’t hide.

The experiences of the Latino community in Freeport, range from warrantless searches to one thousand dollar fines for using a simple extension cord. In certain instances, the Village Court has refused to give Latino defendants detailed copies of the charges against them.

The harassment of the Latino community has been going on in Freeport for years. The Mayor has refused to fill the position of Superintendent of Buildings, which has been vacant since 1994, and it is unclear whether this unfilled vacancy is related to the harassment of the Latino community. Glacken has misrepresented to the community, FEMA and Newsday that there is a Superintendent of Buildings. While the village Latino population approaches 40% and the school district population is over 45% Latino, the Police Department has only two bilingual police officers and the building department has only one bilingual employee.

Those who attended the meeting from the village were Trustee Renier Frierson, who Glacken appointed as Deputy Mayor, Police Chief Mike Woodward along with Detective Bienvenido Andujar, who is one of two bilingual police officers on the force and Sergeant Mickey Smith. Chief Woodward invited Ms. Pat Wright from the Nassau County District Attorney’s office to attend. The assistant superintendent of Buildings, Joe Madigan, was invited to the meeting. He also did not respond to the invitation, nor did he send a representative.

The meeting was moderated by FreeportNYNews.com (FNYN).

Cris Lopez, President of the Freeport Neighborhood Association, one of the organizers of the meeting, was the first person to address the gathering. He said, "I never said to Glacken, ‘Don’t go into people’s houses.’ We need the protection. If somebody is doing something wrong, give them time to fix it. If they don’t fix it. Give them a summons. I think this is fair. But what they do is go into people’s houses illegally. The people do not understand. You know how we are. Somebody comes to the house we welcome them inside. This is how we are raised. And then they come in and take advantage. It is not fair. This is the United States. We are not different. We are going to do whatever it takes to keep this community together like a family. If you get elected by the people, it is to work for the people."

When two members of the audience stood up and presented their summonses to the moderator, Frierson objected saying it was unfair. "If we are going to have a dialog, then I would like it to be a dialog," she said.

Lopez responded, telling Frierson, "What we are talking about here is not that the people got the summonses. It’s the way they presented the summonses. They didn’t go into the people’s house. They just went to the door and said here, here is the summons. And I don’t think that this is a very nice way."

New York State law prohibits the school district from exchanging information with the village. Shortly after the meeting began a woman in the rear of the meeting room stood up and said, "How come the school sends the people from the village to inspect the houses to see if the child in there?"

Frierson responded, "They don’t send. We send. The village sends. The school district doesn’t direct village employees. The school district can’t even tell us when they suspect that a child doesn’t belong in the district. ... I can’t address that. I don’t know about it."

The woman in the rear continued, "Mr. Brown [a Freeport Building Inspector - ed.] came with a camera. I wouldn’t let him in the house. Mr. Brown said the village needs to see if the kid lived there."

FNYN asked, "Who told you that the village sent them down? The person with the camera?

The woman in the rear answered, "We went to the school. They gave us a letter to show somebody in the Building Department. They said take this to the lady in the building department. They said, OK, somebody will come out the next day.

When Frierson responded to the woman in the rear with, "I can’t address the particular circumstances because I don’t know them." Marianela Feliz-Jordan told Frierson, "It might be good if you heard our concerns and someone jotted them down so that you could bring them back to the village. What criteria does the village use before going into someone’s home?"

After Frierson explained that is was calls from neighbors or a village employee seeing something unusual going on at the premises like construction or excessive water use, she said, "There is no requirement that you have a search warrant to come into somebody’s house, unless you are coming into that person’s house to search. All that is necessary to gain entry to a residence is permission. Every resident certainly has the right to refuse permission. There needs to be no documentation to enter the house. There should be identification."

FNYN asked the panel, "Is there a policy in the village that says that the inspector or the police must inform the resident that they do not have to allow them in?"

Police Chief Woodward responded, "There is a difference between the Building Department and the Police Department. The police department can use force to perfect an entry if we have exigent circumstance. For example if we get a 911 call and there is a hang up and we go to the house and there is no answer, we will force entry into that house.

Frierson continued, "The Building Department has the right and should be informing you that you don’t have to let them in. I know there are inspectors who say, OK, well you really don’t have to let me in, but I will tell you that if you don’t and I think that there is a reason, I can get a search warrant and I can come back. Whether every single inspector does that, I can’t say that. The inspectors have been informed and taught what the law is and that they should be informing people of your rights.

After Frierson’s comments were translated into Spanish a large groan came from the audience. When FNYN asked if anyone else would like to share their experiences regarding illegal entries, Frierson said she preferred not to hear it and suggested that anyone with complaints should bring them "back to the village attorney’s office or into the building department." After the meeting, Mr. Doug Brook of Freeport said, "Is she kidding? That’s like the fox watching the chicken coup."

A policy was initiated in 1997 under the Wissler administration, which called for all inspector’s to carry a tape recorder and tape all entries and conversations while doing residential inspections. The policy was enacted to prevent cases from being thrown out of court due to improper entries and other civil rights violations. This policy is still in effect.

Feliz-Jordan addressed the panel, "Inspectors don’t always identify themselves. They came to our house. When my brother opened up the door at no time did they say, you have the right to deny entry. Is it possible to have to have inspectors record themselves saying, 'Hi, my name is inspector so and so and you have the right to deny me entry?' Is that a common practice?"

Frierson responded, "I don’t know. We don’t tell inspectors to walk around with tape recorders. It is a policy for inspectors to have cameras."

Your moderator explained to the gathering that when the public hearing was held regarding the warrantless search law, he suggested that residents be advised of their rights in Spanish, particularly the right to refuse entry and sign a paper to show that they understood those rights.

Frierson explained that this was before the current administration had taken office. She said, "I don’t know whether that piece of legislation ever got passed."

On May 6, 1996 the Freeport village board held a public hearing to change local law, §128-33, Warrantless Searches Prohibited. The old law required the Superintendent of Buildings, or his representative, to have consent and a warrant in order to do a premises inspection. The proposed new law required consent or a warrant. Your reporter attempted in vain to have the village board require informed written consent, rather than verbal, considering the high number of non English speakers in the Village. Your reporter told the board, "We have the chance because of the multiethnic makeup of this community to make it clearer for folks who might not understand and we would be derelict in our duty if we didn't, because most folks don't read ten thousand cases to know that informed consent is a matter of law." Village attorney Mike Solomon agreed that written informed consent would be better for the village, but the board and the Mayor refused to incorporate written informed consent into the new law.

On May 6, 1996, civil rights activist and current Glacken team supporter, Louise Simpson said the following:

Well, I would like to set the record that I agree fully, and this is really a first with me, with Mr. Lilker, with what he said, because I think that not withstanding what you said, that there was some hidden agenda to making this change. And with the other things that we've tried to do in this village to make it more difficult for other people who do not speak like we do or do not look like we do, to make sure that it is more difficult for them to live. You can talk about basements with bodies .... I'm sure some of this has happened. I've heard the Fire Department speak of this, being on the over occupancy task force, but I think we are really trying to make it so difficult for certain people to live in this village that I'm ashamed. I'm ashamed because I remember when I moved here the encumbrances that were put in front of me, as an African American. I know the trouble I had to even get into this village to be respected... I agree again with Mr. Lilker. In order to protect my rights, I have to protect other's rights. And if you take away their rights, you take away my rights... People have come to me telling me that it's been like state troopers going into a person's abode. ... And people who are employees of this village have gone and violated people's rights... I think there is a hidden agenda somewhere in this village...

I'm going on record again that I fully support Mr. Lilker's statement, because unless we inform someone and they sign the statement, you should not enter their property.

Former village trustee Vince Campion addressed the board with the following, "I hate to say this, but I'm going to have to go home tonight and look in the mirror and say what's going on with me, something must be wrong, but I also find myself agreeing with Mr. Lilker."

Mayor Wissler, who eventually voted along with the rest of the board for the law as it was presented, said at one point, "Mr. Lilker's comments I believe were valid."

Trustee Frierson, who was then citizen Frierson testified at the hearing. She said, "... I think from a prosecutorial standpoint, what prosecutors are supposed to do, is do justice. It seems to me that we want to do it properly and make sure that people's rights are not violated... Informed consent might be a better way of accomplishing that."

Barbara Bernstein of the ACLU also testified in 1996 at the hearing. Foreshadowing the problems to come she told the board, "Our problem is going to be with the application of this language. How it is going to play out in real life." Ms. Bernstein concluded her remarks to the board with, "We'll be watching."

Mayor Glacken, who was then citizen Glacken did not attend the hearing and was not watching at all.

On August 19, 1996 the new wording for the new "warrantless search" law was approved as presented without dissent or amendment by the village board.

One resident explained that after he had a break in, in his house, he called the police. After the police inspected the scene, he was visited by the building department the next day. His house was broken into two more times, but he was afraid to call the police, because he didn’t want the building department showing up. He said he was so upset with the system, that he sold his house and moved to Staten Island. After his daughter became unhappy, he bought another house in Freeport. Before he even moved in, he claimed the building department was harassing him. He said they have not inspected the property, but they have given him two tickets.

When Chief Woodward explained, "It is up the to the detectives of the Nassau County PD to decide if they are going to look for fingerprints," FNYN asked, "Could you tell me if it is just coincidence that if the Police show up one day and that the building department shows up the next day? You didn’t mention that the 1st precinct called the building department."

Frierson said, "If the Police Department or the Fire Department respond to a call and observe what they consider to be violations, they will report it to the Building Department."

"It Depends On the Circumstances"

Carmen Pineyro, who was doing the Spanish/English translation told Frierson, "It depends on the circumstances. I’ve been in houses of non Hispanics, where there are blatant violations, and the Freeport Fire Department has been there. You don’t see the building department going there the next day. I just think that if there is a law, it should apply to everybody."

Frierson said, "It is not our intention to single out anybody. From what we hear, everybody is being treated equally. You are not the only people who complain."

Ms. Pineyro replied, "If that’s the case, then maybe the inspectors have to be sent back to school."

After another resident complained that the building department was taking pictures in his house illegally, Detective Andujar said, "These complaints of improper practices need to be addressed and they will be addressed.

FNYN asked Andujar if he was going to "take that message back to the Mayor." Andujar said he would.

"We Don’t Use Cocaine Here. This Is Not Right."

Another resident explained, "We understand that they are doing their job, but they don’t have to be nasty. Now, if they want to inspect my house, they have to come with a search warrant. Once my wife was in the bathroom with one of the children. The baby-sitter was in the house taking care of another child. When he knocked on the door, the little baby opened the door. The inspector came in, took pictures and started writing. Then they sent a lot of tickets to the house. Another time the inspector showed up as I was bringing my child to the bus. I told him I was taking him to the bus. The inspector told me that if I didn’t let him in then, he would come back with the police and push in the door. I said OK, push in the door. We don’t use cocaine here. This is not right."

"This Is A Community That Is Voicing Their Pain To You."

Feliz-Jordan addressed the village officials again. "This is a community that is voicing their pain to you. You should entertain the possibility that what the people are saying to you is true and valid."

"I lived on Grant street and I want to tell you that everybody and their mother rents the bottom part of their house. What happened is there is a cop that lives down the street that works for the village. There is somebody that works for the building department who lives on the same street. There was somebody that lived right across from me who works for the village and as soon as they moved into the neighborhood, do you know what they said? Don’t worry, they are not going to come around here any more."

She concluded, "If this community feels they are being targeted, it is for a reason. What we are going to do about it is what we want to talk about today."

In November of last year, Noticia and Hoy, two Hispanic American newspapers ran stories about a meeting similar to this one, which was also held in the Freeport library. After the stories ran, a FNYN source told your reporter, "What ever your doing keep doing it. Glacken gave the order to lay off [the Hispanics]. They’re worried about the election."

Frierson responded to Feliz-Jordan. She said, "This is the first we are hearing about it... We have heard from other members of the Latino community that things are better. I came here to get the information to take it back to the village board for us to try and figure out how to address these issues."

"They Came To The Back Of The House And Came In Through The Basement"

Maria Rodriguez, a late comer to the meeting, was the last member of the audience to address the panel. Her story that evening was so compelling that your reporter went to her house to interview her further and take some photos.

Mrs. Rodriguez said, "When I bought the house in Freeport, it was in very bad condition. The people I bought the house from told my husband and me that the house had never been inspected. The bathroom and the two rooms in the basement were there when we bought the house in 1998."

"On March 25 last year my husband was eating dinner. We heard noises downstairs. My husband went downstairs and saw two men downstairs. He said, ‘excuse me, who are you.?’ Three time he asked before they said they were from the building department. While my husband was talking to one of them the other one was taking pictures. We never told anybody they could come in the house."

"In my country when people come to visit, they come to the front door, not the back. I have my little daughter. You are supposed to have privacy. I never think the people would come in my house like that. We are so scared, you see we took the doors off the rooms down here."

"We cleaned up the house. In July, we got the tickets in the mail."

Mrs. Rodriguez explained to the village officials that she had seen an inspector going through the mail of her neighbor’s mail box.

Frierson said, "That’s against the law."

Police Chief Woodward said, "One thing I would like to emphasize, if anybody hears any noises in the basement of your house and you know they are a stranger, contact the police department. Do not take in upon yourself to go find out who that is."

FNYN asked, "Will the Police Department tell the Building Department to leave if the Building department is in the house illegally?"

Chief Woodward replied, "If in fact they are in there illegally, we will arrest them."

Maria Rodriguez concluded, "My husband was very upset. At the time that it happened he didn’t think to call the police. My husband asked why they didn’t ring the bell. The building inspector said it is not working. My husband went and rang the bell and it worked."

While Mayor Glacken was once again ducking a meeting with the Latino’s of Freeport, some invited public officials did take time from their busy schedules and show up at the meeting.

Jerry Perry of Town Council Woman Dorothy Goosby’s office apologized for Goosby’s absence.

Nassau County legislator Joe Scannell sat riveted listening to the stories that were being told that evening. After the meeting he told your reporter, "People had a chance to come and express their views. It is clear and obvious that there is a real problem that needs to be addressed. I learned a lot. It was an eye opening experience. I think somebody should be taking a deeper look into this."

Mayor Tom Suozzi of Glen Cove showed up at the meeting about fifteen minutes after it broke up. He apologized for not making it on time, saying he was attending a city council meeting and came by as soon as it broke up. He explained that he came to the meeting hoping the learn of some of the problems confronting the Latino population in Freeport, as Glen Cove also has a large Latino population. When Cris Lopez told him of some of the stories that were told at the meeting, Suozzi said, "We don’t do that in Glen Cove, we follow the law."

Eloy Yndigoyen of the Latino Alliance of Freeport, one on the sponsors of the meeting told FNYN, "While I am very pleased at the turnout by the community, I am extremely disappointed that Mayor Glacken and the building department didn’t even have the decency to respond to our invitation. Based on what I heard tonight, it’s time the attorney general investigated this situation."

Adam Feder, the Brooklyn attorney defending the Rodriguez' told FNYN, "As a result of these illegal searches members of Freeport's Latino community have retained me to represent them. They cannot allow the village of Freeport to treat them like third class people without guaranteed rights."

Mayor Glacken has continued to refuse comment and never explained why the building department didn't show up at the meeting.

Cris Lopez of the Freeport Neighborhood Association has asked the US Attorney to come in and investigate the allegations brought out at this meeting and others. He told FNYN, "It’s un-American, what is going on here."