NEWPORT, Vt. — The Newport City Council has reached a settlement in a lawsuit involving a former city employee, Andrew Cappello, who faced a controversial no trespass order issued in August 2021. The order prohibited Cappello from accessing city property for a year, a decision that raised significant legal and civil rights concerns.
Cappello was employed by the City of Newport from 2009 until his resignation in June 2021, where he served in various capacities within the parks and recreation department. Tensions escalated between him and the Public Works Director, Tom Bernier, eventually leading to the no trespass order following a confrontation at Prouty Beach, a city-owned campground.
The situation unfolded when Cappello visited friends at the campground in August 2021. Upon his arrival, he was confronted by Bernier, who instructed him to leave. When Cappello chose to remain, Bernier requested that a Newport City police officer issue a no trespass order against him without providing any justification or allowing Cappello a chance to contest the action.
Cappello appealed directly to the city council to have the order rescinded but was unsuccessful. The repercussions of the order significantly affected his life, preventing him from volunteering for his children’s sports teams and hindering his work at the NorthWoods Stewardship Center, which involved projects on city property.
The American Civil Liberties Union (ACLU) filed the lawsuit, arguing that Newport City lacked clear guidelines regarding the issuance of trespass orders and that Cappello’s rights to free speech and due process were violated. The ACLU emphasized the importance of public spaces being available to all citizens and highlighted concerns about local officials misusing their authority to restrict access to these areas.
The ACLU’s statement pointed out that such restrictions could be retaliatory and are detrimental to civic participation and the democratic process. The organization concluded that Cappello had been unjustly treated and deserved compensation for the violation of his rights.
The settlement reached in the case resulted in a $30,000 payment to Cappello. Newport City Mayor Rich Ufford-Chase confirmed the resolution of the lawsuit and stated that, in the wake of the settlement, city personnel would not charge individuals for trespassing on city property under normal circumstances. However, he noted that there would still be limits, as actions based on criminal behavior would still warrant a no trespass order.
Ufford-Chase articulated that merely being on city property is not sufficient grounds for enforcement unless it aligns with state law. This legal conclusion aims to clarify the balance between maintaining public order and preserving individual rights within the community.
The ACLU’s involvement in the case underscores ongoing conversations about civil liberties in public spaces, aiming to ensure that access remains fortified against misuse of authority.
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