On Tuesday, March 4, the Bergenfield Council voted unanimously in favor of the reintroduction of an ordinance aimed at curbing disruptive protests in residential areas. The original ordinance, another of which was attempted to be introduced in Teaneck last week, is geared toward regulating the manner, place and time of protests, and will apply equally to all residents, regardless of community, religion, creed or any other identity.

The ordinance came in response to several recent pro-Hamas demonstrations, particularly the one that took place in a residential Bergenfield neighborhood on November 4, 2024, that residents unequivocally said disturbed their peace and shattered their sense of security. The original ordinance, whose introduction was supported by all members of the council who were present, was also supported by members of the local Jewish community. The newly introduced ordinance named several amendments to different kinds of gatherings, such as funeral processionals and biking groups, that are allowable without regard to this ordinance.

Borough Attorney John L. Schettino addressed concerns about balancing the right to protest with residents’ quality of life. He explained that the initial version of the ordinance may have been construed as overly restrictive but had since been revised to make sure that its intentions are clear.

The goal was to ensure that all organizations or groups wishing to assemble, or protest, are subject to the same rules,” Schettino said. “All organizations or groups that wish to assemble or protest—the rules were the same for all groups—while the residents’ quality of life was not going to be disrupted by any assemblies…the ordinance cannot prevent protests from occurring. What it can do is issue violations for those who choose to have an assembly for the purpose of protesting that did not follow the ordinance.”

“ The intent of this governing body is to adopt the ordinance,” said Bergenfield Mayor Arvin Armatorio. “But, due to changes necessary to make the ordinance better, we will reintroduce it, and we will give the public the ability or the chance to comment. Not just during this hearing, but during the introduction.”

The meeting to vote on this ordinance will take place on March 18, 2025 at 8pm. Members of the council told multiple residents privately before the meeting began and during a break, that as their neighbors, council members would be taking Bergenfield residents’ views most seriously, and that outsiders from other communities would not be successful in changing their perspective and need to keep Bergenfield safe and secure from fear of unregulated protests.

Key Provisions

• Permit Requirement and Application Process: Individuals or organizations planning marches, demonstrations, or other expressive activities must apply for a permit at least ten days in advance, providing details such as event purpose, expected participants, and safety measures.
• Time, Place, and Manner Regulations: Events cannot start before 8:00 a.m. or extend beyond 10:00 p.m. Specific restrictions apply, including bans on unauthorized sound amplification, weapon possession and obstruction of traffic or pedestrians.
• Protection of Public Safety and Order: Law enforcement has the authority to redirect events for safety reasons, prevent disruptions near religious institutions and private residences, and ensure access to businesses and public spaces.
• Non-Discrimination in Enforcement: The ordinance ensures that regulations are applied equally to all groups, regardless of their message or affiliations, while safeguarding constitutional rights to free speech and peaceful assembly.
• Penalties for Violations: Failure to comply with permit conditions or regulations—such as unauthorized street closures, property damage, or disruption of public services—can result in fines or other penalties as outlined in the borough code.

The ordinance that had been introduced in the previous meeting was still open for public discussion, so before the amended ordinance was introduced, attendees from the audience were invited to speak. These included reports from residents about the protest on November 4 that took place directly in front of their homes, late at night. Several residents shared emotional testimonies about how these demonstrations affected their families.

Bergenfield resident Rue Taubes recounted a particularly distressing experience involving her daughter who was wheelchair-bound. “We had just gotten out of the hospital and came home to not being able to access our home. I had to walk three blocks in the cold, pushing a wheelchair, because I couldn’t get to my own property. On the way there and back, we were verbally harassed. We had hate speech screamed at us. Our lawn was spit on.”

She also described how the protests frightened her children. “My children were terrified. They woke up in the middle of the night, checking to make sure all our doors were locked. And my daughter cried, ‘They know where we live now.’”

Bergenfield resident Carmi Abramowitz also spoke in favor of the ordinance, arguing that freedom of speech must have reasonable boundaries. “The same way that you can’t shout ‘fire’ in a crowded movie theater, freedom of speech does not extend to using a bullhorn in front of my house at 2 a.m.,” Abramowitz said. “You cannot come into my synagogue, mosque, church, or temple and intimidate people who are there to pray, or for any other reason.”

Bergenfield Council President Ora Kornbluth, who introduced the ordinance, emphasized that the council took the time to ensure it was fair and enforceable. “We fine-tuned it to make sure it was the right ordinance,” she said. “This is an important ordinance that the entire council is backing. We knew we had to do this correctly—we couldn’t just rush into it without really making sure it was 100 percent right.”

The ordinance also received praise for its balanced approach to regulation. Bergenfield Library Trustee Laurie Shestack Phipps, a local resident, expressed her support. She said, “I think this ordinance is even-handed and well-drafted. It’s sad that residents, such as the mother of the child in the wheelchair, had to experience harassment on their own street. I hope this ordinance ensures that no demonstrations, from any ideological side, will disrupt the lives of Bergenfield residents in the future.”

Bergenfield resident Miriam Rosenfeld echoed this sentiment, noting that while protesters have a right to express their views, residents also deserve peace and security in their homes, and to feel safe.

Constitutional lawyer and Bergenfield resident Akiva Shapiro added his view that not only was the ordinance constitutional, but it would stand up in the US Supreme Court. “Even the Nazi marchers in Skokie had to get a permit and follow a parade route set by the police,” he said.

“This ordinance simply establishes clear rules and expectations for everyone—the protesters, the residents and law enforcement—so that everyone knows what is required and permitted.”

While the ordinance does not ban protests, it establishes clear guidelines to prevent disruptions in residential neighborhoods. Many residents expressed relief and thanks that the council took action, with Bergenfield’s Ira Treuhaft commending the Bergenfield officials for acknowledging the need for change.

“It was clear that the previous ordinances failed to keep residents safe,” Treuhaft said. “But tonight, every single member of this council recognized the problem and decided to fix it. That’s something most other governing bodies wouldn’t do.” His statement was met with loud applause from the room.

With the reintroduced ordinance voted in favor by all council members in a 5-0 vote, the ordinance will be put to a vote on March 18 if there are no further revisions. The Bergenfield community hopes it will provide a balance between upholding First Amendment rights and ensuring the safety and comfort of its residents.

Rachel Abramchayev is an assistant editor at The Jewish Link. Elizabeth Kratz is editor-in-chief and associate publisher at The Jewish Link.