Nichols, Miller Spar Over Campaigning at Transfer Station

Election campaigning at the town dump is a long-held New England tradition, one to which Essex subscribes. Come October and early November, residents pulling up to the town's transfer station on a Saturday morning are likely to see candidates shaking hands and handing out campaign literature. But last week, at a Board of Selectmen meeting, Republican Neil Nichols confronted Democratic First Selectman Philip Miller with the allegation that Nichols had been ejected from the transfer station while campaigning there in October "for violating your [Miller's] 'No loitering' order."

Nichols presented Miller with a letter saying the incident happened on Oct. 27 "while I was exercising my First Amendment Constitutional right of free speech at the Essex Transfer Station."

Nichols was then the Republican candidate for state senator.

"While conducting campaign activities, I was stopped by a town employee who notified me that I was deemed to be loitering and, by order of the first selectman, was required to immediately remove myself or the police would be called to remove me from the property," Nichols said.

He protested and then left.

In response, Miller said he had given "no such written or verbal order" to employees at the transfer station. In 2009, the two political parties had a gentlemen's agreement to park vehicles across the street from the transfer station and to create no visual barrier for cars coming into the facility, he said.

"The objective was to not impede the safety of anyone," Miller said.

Miller told Nichols, "I'm sorry if you feel you were put out. I apologize...I don't know if I can rescind [an order] I never gave." Miller said he had campaigned there "a couple of weekends" and "I told the employees if they felt uncomfortable" they could ask people to leave.

Republican Selectman Joel Marzi said, "There is a difference between a gentlemen's agreement and a formal order. Are there rules against loitering and campaigning? I don't think we can ban campaigning on public property. I think we have a problem with an interpretation that says campaigning constitutes loitering."

Nichols said later, "I'm not looking for an apology. I'm looking for Miller to restate the rule regarding campaigning at the transfer station so that no other Republican candidate is treated as unceremoniously as I was."

He has contacted the attorney who represents the Connecticut Republican Party to consider further legal action.