Dalton Mulls Over Proposed Sign Policy

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The town is considering establishing a sign policy that would restrict the posting of certain signs on town property. 
 
During the Select Board meeting last week, Town Manager Thomas Hutcheson presented the proposed policy on "Political Signs on Town Property." 
 
The policy draft defines "political" as anything related to elections or voting. It proposes prohibiting all signs of that nature, such as political campaigns, issues, or events, from being posted on town property.
 
Select Board members expressed concerns about the proposed policy, including its language and impact on free speech. The board directed the town manager to do more work on it and bring it back for further discussion.
 
Hutcheson suggested having a policy on political signs following reports of some being removed or vandalized. 
 
"I've heard reports of people pulling up other people's signs, and if they did that on town property, then that would become a town problem that the town would have to investigate and that sort of thing and I'd rather not," Hutcheson said.
 
"I would rather not have our police have to investigate."
 
"And take up valuable resources," Select Board Vice Chairman Daniel Esko added.
 
Select Board member John Boyle questioned why they are getting involved because it is a problem for the police.
 
"I haven't noticed any infractions of that policy over the years. There was signs up on the town property during the election last Tuesday, but as soon as the election was over and they were done campaigning, they took their signs and went home just like always. I mean, I just don't think it's an issue to institute a policy," Boyle said. 
 
Select Board member Joe Diver said he thinks it is a good idea to have a policy but has concerns about the draft's language.  
 
"I’d also prefer the town not to have any political signs on the property to be giving the appearance that we support one candidate over another as a town," Esko said. 
 
The narrow definition of political can create a slippery slope, Diver said. 
 
He pointed out that the town has a flag policy that determines what can be flown on the flagpole on town property and recommended that the town have a broad policy that dictates no signs on town property allowed unless sponsored by the town, he said. 
 
Boyle asked if this policy would affect electioneering on election day when candidates and their supporters stand outside the voting station holding signs. 
 
They can still stand outside the voting station holding signs, Esko and Select Board member Marc Strout said. 
 
"We're talking about, at least I am, people putting their political signs with their little stakes out on town property, leaving it there for two months before an election," Strout said. 
 
"We couldn't limit people's First Amendment rights on election day as long as they're the standard distance, the legal distance away from the polling place. We can't get into that," Esko said. 
 
Boyle argued that a policy like that violates First Amendment rights. 
 
"I came down here last Tuesday to hold a sign for a candidate [and] there were signs up and down the street placed in the ground on town property for various candidates, so [if this policy is established, that can't happen anymore," Boyle said. 
 
Esko and Marc both emphasized again that they could hold the sign. 
 
Resident Henry Rose also told the board to make sure they are not "squelching free speech" in a sign policy. 
 
"As a society, there are too many instances where that's happening," he said. 
 
Let's say there is a sign advertising a Mass Save audit, "which is good for the common good." A sign like that should be permitted, but permission should still be required, Rose said. 
 
"Let's not write a [regulation] that stops something like that for the common good from going up. If something has hate speech in it, that's a different issue," he said.
 
"If somebody puts up signs with a candidate in front of Town Hall and then leaves them and walks away from them, I think that's wrong but you want to be very careful before you make a blanket rule that stifles speech." 
 
Not that it is an issue, without a policy what is preventing someone from posting 10 select board signs right in from of the town hall, Strout said. 
 
"It's never happened. I've never seen [in] all the years anybody put a sign on the town lawn or anything," Boyle said. 
 
"It’s not just political signs as far as campaign signs and elections and voting. There are some despicable things people could put on signs talking about you support this or you support that do we want those," Strout said. 
 
Without a policy the town can not remove any signs from town property. 
 
"And I don't even like this policy that was given to us tonight," Strout said. 
 
Boyle emphasized that it is not a problem that he has seen. 
 
"Until it is," Strout said. 
 
"Think about the town out east that was forced to fly a flag that nobody wanted them to fly." 
 
Boyle pointed out that we are not out east. 
 
"It’s still Massachusetts and the town was forced to fly a flag but nobody agree to," Strout said. 
 
The intent of this policy was to prevent issues in the future, Hutcheson said. 

Tags: political signs,   

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Berkshire DA Releases Victim's Name in Fatal Police Shooting

By Brittany PolitoiBerkshires Staff

An image Biagio Kauvil posted to his Instagram page in happier days. 

PITTSFIELD, Mass. — Biagio Kauvil's family had attempted to secure mental health resources for him before a well-being check on Wednesday that turned deadly. 

On Friday, District Attorney Timothy Shugrue identified Kauvil, 27, as the man who was killed by police in a shooting incident at 53 Off South St. on Jan. 7. The New York resident, he said, was expressing "paranoid delusional" thoughts on social media, and in calls to the FBI's National Threat Operation Center and local 911 leading up to the incident. 

"This is a horrific scene, and there is a deceased person, and it's a very sad situation. It was a mental health situation," Shugrue said during a press conference at his office around noon, right after he had spoken to Kauvil's family. 

The DA elaborated on details provided the prior day, though there are still many questions unanswered, and the investigation remains active. He declined to respond to queries about the officers' decision to breach the bedroom door the man was sequestered behind, details about the approximately 46-second struggle that resulted in Kauvil being shot in the head, or if an officer would be charged for the fatality. 

Police say Hinsdale Sgt. Dominick Crupi was shot in the hand by Kauvil, the bullet going through and striking Police Chief Shawn Boyne in his bulletproof vest. Crupi was also shot in the elbow by another officer. He was released from Albany, N.Y., Medical Center on Friday. 

Shugrue said his office will not be releasing the names of the officers involved, although he acknowledged that they have been named on social media and elsewhere. He is "not even near" ready to say if an officer will be charged. 

"I'm only here today because there's a lot of rumors going around the community. I wanted to straighten that out," he said, clarifying that Kauvil was not wanted by the FBI. 

"… I'm sorry I can't give you more information than that, but I really want to be clear about what we know at this stage. But again, this may change once we — I haven't seen the ballistics, I haven't seen the autopsy report. There's a lot of stuff I don't have yet, but I just felt the public deserved to know as quickly as possible what transpired, especially in light of what's happening nationally." 

This is the third police shooting in Berkshire County in nearly four years that involved someone in mental distress. Miguel Estrella, 22, was shot and killed on March 25, 2022, at the intersection of Woodbine Avenue and Onota Street in Pittsfield; Phillip Henault, 64, was shot and killed at his Hancock home on Sept. 9, 2023.

In both cases, investigators cleared the officers as both men had advanced on police armed with knives and threatening them.

Based on the investigation so far, there were no mental health co-responders on site. Shugrue doesn't believe the officers knew Kauvil was armed, and cited the lack of mental health resources in the community. 

"I hope one thing that comes out of this is that we can talk more about legislative work that needs to be done. We can talk about resources that need to be given to mandate that we have mental health professionals working with police officers and working with individuals that are on the street that haven't been able to get the services that they need," he said. 

"And this is unfortunate. I know, speaking to the family, they tried to get services for him. Unfortunately, there's not a lot available, and there's not a lot available in the Berkshires." 

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