The suit claims the councilor and mayor have had a contentious relationship.
Daniel M. KnapikWESTFIELD – Mayor Daniel M. Knapik refused to comment Thursday on a federal lawsuit he’s facing on claims he ordered city public works crews to remove selected political signs the day before the November municipal elections.
“I have not been served (court papers) so I can make no official comment,” Knapik said on Thursday. “When I am served, I will engage legal representation and address the matter in court.”
The western regional office of the American Civil Liberties Union filed the legal action on Wednesday in U.S. District Court in Springfield on behalf of City Councilor David A. Flaherty, Municipal Light Board member Jane Wensley and Westfield property owner David Costa, of Russell.
The lawsuit describes Flaherty as having had a “contentious” relationship with the mayor. A conservative, Flaherty has questioned nearly all financial requests Knapik has submitted to the council over the past three years. The two have had conflicting opinions and engaged in brash debate on many issues.
The suit alleges that Knapik contacted public works director James Mulvenna on Nov. 6, the day before the municipal election, and ordered the removal of campaign signs for Flaherty and Wensley from Costa’s property at 38 East Silver St.. Wensley was running against a candidate supported by the mayor.
Signs for Councilor John J. Beltrandi III, who was also seeking reelection, were also removed that day, but Beltrandi is not a plaintiff in the legal action.
While he wouldn’t comment on the lawsuit, the mayor did say that the placement of political signs must not present a public safety issue by obstructing the view of pedestrians or motorists.
ALCU attorney Luke Ryan, who filed the complaint, said, however, “This action was no accident, and it was no routine enforcement of Westfield’s signage laws.”
Flaherty, in a statement to The Republican said, “I believe the evidence will substantiate all of the claims made in the complaint, and that Mayor Knapik, in an attempt to influence the outcome of the election, ordered city employees to illegally remove my campaign signs the day before the election. This case is about what’s right and wrong and about stopping this type of illegal activity in the future.”
Flaherty was reelected to a second term on the council, while Wensley defeated John Callahan, who was supported by Knapik, for the Ward 3 seat on the Municipal Light Board. Beltrandi was also reelected to a second term; he said he did not participate in the lawsuit because he believed “my signs were not directly targeted for removal.”
The signs were removed from an area of East Silver Street between Cross Street and Lindberg Boulevard and across from Knapik’s home. Other campaign signs in the neighborhood were not removed, and there were no complaints about removal of signs in other sections of the city.
Flaherty said his signs placed in other sections of the city were not removed. He said he contacted the secretary of state’s office for assistance in gathering public records related to the incident but he has not filed a complaint with the state.
New regulations to limit the size of campaign and other temporary signs and establish time limits on their displa, were adopted by the council last September. Those changes were initiated by Flaherty who, at the time, said existing regulations were “outdated and not enforced.”
During debate on changes by the council and Planning Board, the Western Massachusetts director of the ALCU, attorney William C. Newman, sent council members a letter reminding them of First Amendment rights and the mandate to protect free speech.
The suit claims the removal of the signs constituted a violation of the First and 14th Amendments of the U.S. Constitution.