Delaware board says no to ‘Gasland’

Resident suggests First Amendment may be violated

By TOM KANE

HORTONVILLE, NY — In spite of strong opposition from residents attending its monthly July meeting, the Town of Delaware board refused to allow the showing of the controversial film “Gasland” in Callicoon Creek Park in Callicoon.

The decision was unanimous.

“We have been working hard to be neutral in the ongoing dispute over gas drilling,” said Jim Scheutzow, town supervisor. His sentiment was seconded by the other three board members present.

“Gasland,” an award-winning film that garnered a special jury award from the Sundance Film Festival this spring, has appeared on HBO and had several screenings in the area.

“Almost everyone has seen the film on HBO so we don’t need to show it here,” said board member John Gain.

Another resident suggested that a compromise would be to show a pro-drilling film in the park.

“I’m against anything like that because we would have to allow everyone to use the park anyway they wished,” said councilman Matt Hofer.

“We may be looking at a violation of the First Amendment, which could cause trouble for the town,” said resident Zeke Boyle. The board did not react to Boyle’s statement.

Over a year ago in 2009, the town board made the same decision not to allow Fox to show his film—then in development—which was called “Water Under Attack.” In an editorial in the October 1, 2009 issue, this newspaper opined that the action was a violation of the First Amendment of the Constitution. We revisit the issue this week (see page 6).

In another town matter, Scheutzow gave an update on problems at the sewer treatment plant.

Because the sewer was built in a flood plain, state officials say the town must build a retaining wall to protect sewer machinery if there was a massive flood as occurred in 2004 and 2005.

“We are unable to gain access to build the wall without going on to the railroad property, which the railroad will not allow,” Scheutzow said. “They feel that their tracks could be compromised if construction equipment had to go over it.”

The railroad in question is the Central New York Railroad.

The chairman also said it was not certain if funding, which usually comes from the Federal Emergency Management Agency, would be available because of extensive federal budget cuts.

Scheutzow said the town has engaged a company called Rural Waters, which has a strong reputation of getting funding for municipalities in situations like this. “We’re hoping they can help us,” he said.