In a crowded town hall meeting on March 18, Bergenfield residents and community leaders gathered to support an ordinance designed to regulate demonstrations and other forms of public expression. The measure came in response to a disruptive pro-Hamas protest that took place in a Bergenfield residential area on Nov. 4, 2024. The ordinance passed unanimously with a 6-0 vote from the town council, marking a significant step toward ensuring the safety and protection of Bergenfield residents.

The town council received a standing ovation following the passing of the ordinance, with gratitude expressed for Bergenfield Mayor Arvin Amatorio, Council President Ora Kornbluth, Councilman Thomas A. Lodato, Councilman Buddy Deauna, Councilman Domingo Almonte, Councilman Hernando Rivera and Councilman Marc Pascual.

Mayor Arvin Amatorio reaffirmed the ordinance’s intent: “It is difficult for us to see opposition to this ordinance when our goal is to reinforce the importance of lawful assembly while ensuring residential neighborhoods remain protected from unauthorized and disruptive demonstrations. Bergenfield values free expression, but it must be exercised in a way that respects the rights of all residents. I commend the council for taking this action,” he said.

“This was not an ordinance only for the Jewish people of Bergenfield; it is for the whole town,” Council President Ora Kornbluth told The Jewish Link. “This is about quality of life for our residents. It is equally enforceable for everyone and preserves quality of life for all residents. It protects everyone’s first amendment rights while also ensuring that our residents also are afforded those same rights.

“The holes in our old ordinances were brought to light by a protest that happened in November, but the new ordinance will close the gaps to enable our residents to feel safe and secure in our homes. We are not trying to stop protests; we are just trying to determine the ‘how,’ the ‘where,’ and the ‘manner’ of protests. People should be able to move about freely, to pray freely and to help them go about their daily lives peacefully. If someone wants to protest, they can do so freely, they can do whatever they want within our guidelines.”

Akiva Shapiro, a constitutional lawyer and Bergenfield resident, spoke at the meeting during the public comment period. He emphasized the importance of such regulations, stating, “The only way that all of our rights are protected—our rights of expression, free movement, free exercise and safety—is if there are rules in place. These must be content-neutral regulations concerning time, manner and place for public gatherings. That is exactly what this wise council is putting forward in this well-reasoned ordinance.”

Despite widespread support, the ordinance faced opposition. A recurring complaint was the requirement to apply for a protest permit 10 days in advance. One protester argued, “Now we have to wait 10 days? This restricts freedom of speech since protests can’t happen in real time.”

Shapiro addressed this misconception, clarifying, “The council has wisely included exceptions. The ordinance states that applicants must apply 10 days ahead of time unless it is not feasible to do so. If there is late-breaking news or for some reason you can’t apply 10 days ahead of time, the borough administrator must issue the permit. Not only that, but a permit is not required for
special events held in response to breaking news.”

Another point of contention from pro-Hamas supporters was the claim that they could no longer protest certain events directly. One protester stated, “Most of these illegal Israeli real estate events are held at synagogues and private homes. By making it illegal for us to demonstrate at these locations, you are preventing us from protesting these events.”

Shapiro countered this argument, explaining, “Courts have repeatedly permitted buffer zones far greater than the one this council is considering—just 50 feet. In New York, for example, there is a 300-foot buffer zone around houses of worship for disrupting religious services. That is a criminal offense in New York. The Supreme Court has explicitly held that an individual’s constitutional rights cannot infringe on the constitutional rights of another. [Bergenfield’s ordinance] imposes only a 50-foot civil buffer zone, with a ticket issued if somebody violates it.”

Following Shapiro’s explanation, John L. Shettino, Bergenfield’s attorney, praised him, reiterating, “This ordinance aligns with Supreme Court precedent. I just hope everyone listened carefully to the gentleman who spoke and addressed the misconceptions raised by those who claim this measure is unconstitutional or overly restrictive.”

Several residents shared their experiences with the previous protest. Cheryl Dym, a Bergenfield resident, recounted the particularly disturbing incident in November: “The protesters started walking toward us. They screamed and they cursed and they spat at people. They called people Nazis. They gave the middle finger at people. Children ran into their homes literally crying.”

While some opponents of the ordinance argued that it infringes on free speech, others believe the protests crossed the line into threats and intimidation. Rue Taubes, another Bergenfield resident, recalled, “Protesters told my daughter to ‘die’ and spat on us. That is violent speech, not protected speech. That is not free expression—it is a threat. And that night, we had no way to feel safe or stop it.”

The town hall meeting was not without drama. Two speakers, who identified as “anti-Zionist Jews,” at least one of whom is not a resident of Bergenfield, claimed the ordinance undermines free speech and protest rights. They justified demonstrations outside synagogues and private homes by asserting that these events involved “the illegal sale of stolen Palestinian land.”

In response, Carmi Abramowitz, another Bergenfield local, pushed back, saying, “For those who begin their statements with ‘As a Jew, I believe…,’ consider how it would sound if a member of the Ku Klux Klan said, ‘As a Christian, I believe…’.”

One of the individuals in question shouted back “in an outburst from the back of the room,” according to witnesses, but was escorted by Bergenfield Police out of the municipal building.

At the previous Bergenfield council meeting on March 4, when the council unanimously reintroduced the ordinance, opposition was minimal. Those who spoke against it were not Bergenfield residents, and most wore masks to conceal their identities. When some pro-Hamas supporters later returned to voice their opposition on March 18, they made a concerted effort to emphasize their local residency by stating, “I am definitely a member of the community,” while notably not wearing masks.

Rachel Abramchayev is the assistant editor at The Jewish Link.