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Representative Town Meeting members gathered for a special meeting at Academy School in Brattleboro to vote on overturning the acceptable community conduct ordinance on Thursday, Dec. 12, 2024.

BRATTLEBORO — In a 76-55 vote, Representative Town Meeting rescinded the Acceptable Community Conduct Ordinance.

Brattleboro.gov says the ordinance "defines community standards of behavior in specific locations around town and grants authority to town officials to issue tickets or warnings for prohibited behaviors, which include harmful, dangerous, illegal or unreasonably disruptive actions." Also included is a mechanism to fine owners of "high response properties," where issues occur or are reported four or more times within a three-month period.

No amendments could be made to the article since it was brought by petition, Town Moderator David Gartenstein said Thursday at the start of the special RTM at Academy School. Competitive elections in caucuses before the meeting caused a nearly 50 minute delay in getting started.

Cristina Shay-Onye of District 8, who submitted the petition, called the ordinance "poorly written" and susceptible to legal challenges.

"The town manager would have a lot of power about what is enforced," she said, adding that the ordinance could be open to selective enforcement.

She suggested attorneys were ready and willing to fight the ordinance if RTM didn't overturn it.

Given the health and safety issues at play, Town Attorney Bob Fisher said he believes the town can defend itself in court.

PHOTOS: Special town meeting with RTM members

Representative Town Meeting members gathered for a special meeting at Academy School in Brattleboro to vote on overturning the acceptable community conduct ordinance on Thursday, Dec. 12, 2024.

Restorative processes in the ordinance are already underway in Vermont and don't need to be duplicated, said Kaci Viado, co-director of restorative justice programs at Interaction.

"What other duties will not get accomplished if staff are pulled away to do this?" Bob Oeser of District 9 said. "I think there is a good emphasis on restorative justice but how does that interface what state law and our partners in restorative justice in the community?"

Gary Stroud of District 8 said the ordinance is "creating something that's already there."

"The police are doing a bang up job for sure," he said. "We have the resources."

Select Board Vice Chairwoman Elizabeth McLoughlin called the addition of civil penalties and a restorative justice alternatives "an improvement" to using the criminal justice system.

Some of the prohibited behaviors in the ordinance may be subject to criminal penalties, Fisher said.

"A lot of that is going to be police discretion based on the circumstances," he said, describing the ordinance as "less intrusive."

Fisher said the intent of penalties is to "do a better job with their properties."

"Clearly there's a split in the community," board member Franz Reichsman said, recounting how the ordinance was created "because our downtown has some real problems right now."

Reichsman called for "putting our faith in the downtown."

"If we let it deteriorate without doing anything, I think there will be a big price to pay," he said.

Board member Peter "Fish" Case said board members aren't looking to criminalize poverty. He estimated more than 100 people attended several board meetings in succession, calling for action on downtown safety issues. 

Town staff and board members have been working on public safety for a long time, Board Chairman Daniel Quipp said. Social services and town government are collaborating on "situational table" exercises to address issues in a project called One Brattleboro. 

Peter Elwell, former town manager who joined the RTM body Thursday and criticized the ordinance in a letter to other members before the meeting, said the town needs to invest in that project instead of the ordinance. 

"This ordinance is dividing us apart," he said. 

Robin Morgan of District 8 said the ordinance doesn't address the underlying issues such as the housing crisis, opioid epidemic and mental health struggles.

Marta Gossage of District 9 read the American Civil Liberties Union's position that adoption of such ordinances "reflects a broader trend nationally, with cities coercing landlords to penalize and evict tenants who call the police or who simply live in properties where criminal activities occur. Rather than promoting public safety, research shows that these ordinances discourage residents from reporting crime and create distrust of law enforcement. These ordinances particularly harm communities of color, low-income households, people with disabilities, domestic violence survivors, and other people who are otherwise deemed 'undesirable.'”