In 1870, the 15th Amendment established the right of African American males to vote in America. It took another fifty years before women had the right, and American Indians waited until 1924. In 1960, the Civil Rights Act reaffirmed voting rights for all Americans.

With that privilege comes the right to free speech, a protection under the First Amendment. Except in Troy.

Any African or Native American, woman, or for that matter, anyone else who does not live in the city of Troy has no right to address the city council, or so they ruled recently at their organizational meeting on January 3rd. In a set of special rules adopted by the new council, relating to "public hearings," they state:

"No one but a citizen or a taxpayer of the city, or an attorney at law representing a citizen or taxpayer or group or citizens or taxpayers shall be allowed to speak, provided, however, that the President of the Council, may, in his or her discretion allow other interested persons to speak."

I spent 40 years living in Troy, even running a business here, but I cannot address the council since I don't live here presently. A freshman from RPI, who likely has no interest in this city, has the right to address the council because he/she has a Troy address.

Only a "citizen" or "taxpayer" can speak? I'm in Troy several times a week and spend a good sum of money on food, gas, and shopping. A portion of my sales tax goes back to Troy. Does that make me a taxpayer of Troy? Is it only for those who pay property or school taxes? Hmm, hey renters, stay at home, you're persona non grata. Ironic, since there are more renters than home owners according to the 2000 census!

On the other hand, what constituents a "citizen of the city." Do I need to apply for special papers? Where is the customs house, city hall? I haven't noticed any border guards on the bridges.

Does it mean that all outside consultants hired by the city have no right to present their findings at a council meeting? According to their own rules, if they don't live in the city, no can do!

I've watched the council in the past prevent people from speaking. Isn't it ironic that these are the same people that used the democratic process to get elected and then turn around and pass undemocratic policies?

Obviously, it's a ploy to control who gets to present opinions to the city council. Afterall, listening to complaints from residents is bad enough, but who wants outside agitators too, they reason. This is plain nuts. It's may also be illegal.

According to the State Open Meetings law, the council does not have to allow anyone to speak at a public hearing, and they can certainly adopt rules for procedures. However, if they allow one person to speak, they must allow anyone. They cannot be selective. They must treat all members of the public equally.

Don't take my word for it. It's Robert Freeman's, the Director of the State's Committee on Open Government. Last year, historian John Wolcott, who was officially recognized by the state legislature for his expertise, tried to address the zoning board of appeals over the historic resources in the Burgh. He was denied because he lives in Albany. Here's what Freeman wrote to Wolcott recently:

"I note that section 103 of the Open Meetings Law provides that meetings of public bodies are open to the "general public." As such, any member of the public, whether a resident of the City, or of another jurisdiction would have the same right to attend. That being so, I do not believe that a member of the public can be required to identify himself or herself by name or by residence in order to attend a meeting of a public body. Since any person can attend, I do not believe that a public body could by rule limit the ability to speak to residents only."

Yes, some of us are a real pain. We care about aspects of the city that may not be on a politician's agenda. We ask questions that perhaps elected officials don't want to answer, or even deal with. But let me make something clear. Trying to stifle anyone who cares about the city of Troy is asking for trouble.

I would suggest that the new council rescind this and prove to all that it will not be politics as usual. A little birdie told me that if they don't, a large national legal entity might be interested in paying a visit. Try to stop them from speaking.