Smithtown Town Attorney: Farmers Market is Not a Place For Petitions

Reported concerns of a petition that was on a table at the Kings Park Farmers Market earlier this month have prompted the Town of Smithtown to take a hard stance on what is permissible at the Kings Park Farmers Market and according to the town, the sale of produce is, but petitions are not.

The petition, which asked residents to support a plan backed by the civic association to relocate a senior housing development proposed by the St. Johnland Nursing Center, became a concern, when town councilman Robert Creighton said he had received phone calls regarding a petition that was set up on a table sponsored by the Kings Park Civic Association. 

"I don't have any problem with them having their point of view," Creighton told the Times of Smithtown last week, "but I don't think they should be using town property and a farmers market for a political purpose." 

Creighton, has publicly stated he backs the Upland project.

Town Attorney John Zollo said in a phone interview on Friday that the market is set up for the sale of produce and nothing more.

“No one is permitted to start doing any type of campaigning, soliciting. If anybody wants to get a petition signed of any sort they can do it outside of the farmers market. The rule is if we let one in, you let them all in. It is not for tables or booths. That was not what it was intended for."

Zollo did not say how or if the town would enforce the rule.

Kings Park Civic Association President Sean Lehmann, said he received no complaints that day regarding the petition.

“It really is a benign issue and we have already said we will not have anymore petitons at the farmers market,” said Lehmann. 

Local groups such as Kings Park in the kNOw, Kings Park Council of Schools, the Sean Weiss Foundation and the fire department have all been at the market. 
Several organizations, according to Lehmann, have used the Sunday morning market to distribute community information, including the Long Island Green Homes Program, which is set up in a collaborative effort with the Town of Smithtown to save energy and promote efficiency. 

“Through the community table we have set up, we have raised over $1,200 for St. Joseph’s food pantry and have collected thousands of pounds of food. We have collected books for soldiers overseas and raised money for cancer research,” said Lehmann.

Lehmann said the town’s hard stance on the issue will prevent community organizations from setting up at the market. 

“Through their actions, they are taking this away from the community,” said Lehmann.