Citizen Censure of Councilpersons Ed Zucal, Daryl Hendricks, and Candida Affa

Wednesday, August 5th, 2020

Resolved by the citizens of the City of Allentown, that

WHEREAS, as sworn officials Councilpersons Ed Zucal, Daryl Hendricks, and Candida Affa took an oath to uphold the Allentown City charter and the constitution of the United States; and

WHEREAS, the United States Census Bureau estimates that the population of Allentown consists of 52.2% Hispanic people, 33% Non-hispanic White people, 14.2% Black or African American people, 4.8% multi-racial people, 2.5% Asian people; and

WHEREAS, as a whole, Black, Indigenous, and People of Color make up 74.6% of the population of Allentown; and

WHEREAS, #BlackLivesMatter was founded in 2013 and has as its mission to eradicate white supremacy and build local power to intervene in violence inflicted on Black communities by the state and vigilantes by countering acts of violence, creating space for Black imagination and innovation, and centering Black joy; and

WHEREAS, on July 11, 2020 an incident involving a Hispanic citizen of Allentown in the throes of a physical health crisis took place outside of St. Luke's Hospital's Sacred Heart Campus and resulted in the violent and forceful restraint of said individual by two officers of the Allentown Police Department; and

WHEREAS, in the absence of a fast, meaningful response by the Mayor or the Police Chief to address the concerns of the public about a social media video watched by thousands of people, citizens of Allentown mobilized a large, non-violent demonstration to present a number of demands and expectations directly to city leadership; and

WHEREAS, this was only one of numerous safe and non-violent demonstrations organized across Allentown and the Lehigh Valley in solidarity with #BlackLivesMatter; and

WHEREAS, dozens of elected officials throughout the City of Allentown, Lehigh County, the United States House of Representatives, and the United States Senate openly participated in such demonstrations being that they are members of the public; and

WHEREAS, dozens of elected officials made official statements in solidarity with #BlackLivesMatter including Allentown Councilpersons Ce-Ce Gerlach, Joshua Siegel, Cynthia Mota and Julio Guridy; and

WHEREAS, Councilpersons Zucal, Hendricks, and Affa made no statement in support of the lives of Black people; and

WHEREAS, Councilwoman Affa has posted photos on her personal Social Media propagating stereotypes of Arab people, and the text, “Italian Lives Matter;” and

WHEREAS, over three hours of public comment at the July 15, 2020 council meeting made clear the overwhelming sentiments of the public and citizens of Allentown that further action from the Mayor and Chief of Police were needed; and

WHEREAS, the Allentown Police Department, through civil misuse of force lawsuits continues to put the City of Allentown in a position of future litigation and through settlements of such lawsuits has cost the City of Allentown more than $1.7 million since 2015; and

WHEREAS, District Attorney Jim Martin conducted a rapid and internal investigation of the July 11 incident which mischaracterized the events on video and resulted in the dismissal of all claims that excessive force was used; and

WHEREAS, Councilpersons Ce-Ce Gerlach and Joshua Siegel introduced a thoughtful resolution in response to widespread citizen dissent and civic action called Resolution 86; and

WHEREAS, in a July 29 2020 Committee of the Whole meeting to discussion Resolution 86, Councilpersons Zucal, Hendricks, and Affa made statements pledging unconditional fealty to the Allentown Police Department, used coded language to describe the Black and brown citizens of Allentown, and called into question the motives and actions of other council members without due process; and

WHEREAS, Councilpersons Zucal, Hendricks, and Affa have made no meaningful attempt to engage with concerned citizens and social justice organizations in the City of Allentown, and

WHEREAS, Councilwoman Affa openly encouraged angry, armed “Back the Blue” protesters outside of city hall on July 29 2020; and

WHEREAS, a resolution has been introduced to censure Councilpersons Gerlach and Siegal as a result of their participation in just, widespread, and peaceful demonstrations; and

WHEREAS, Councilpersons Gerlach and Siegel received the top two highest vote totals in the 2019 general election for city council; and

WHEREAS, the censure intentionally misrepresents the motives, actions, and constitutional right to free speech of the citizens of Allentown and numerous respected community organizations as well as disparages and risks the retraumatization of an individual citizen of Allentown; and

WHEREAS, the censure implies that members of this council should be forbidden from exercising their right to freedom of speech, their right to peaceably assemble, and their right to petition the government for a redress of grievances in clear violation of rights afforded to all US Citizens by the United States Constitution; and 

WHEREAS, Councilmen Zucal and Hendricks are both veterans of the Allentown Police Department; and

WHEREAS, by their positions, actions statements, Councilpersons Zucal, Hendricks, and Affa have shown that they can no longer be “Objective” to any business relating to the Allentown Police Department or this council; and

WHEREAS, by their introduction of the censure resolution they have caused themselves to have no trust bestowed upon them by the citizens that elected them; and

WHEREAS, they have demonstrated that they have not only betrayed their oaths of office, but have shown that they are unfit and unworthy to hold the position of Councilperson in the City of Allentown,

Now, therefore, the People of Allentown do go on record to censure Councilpersons Zucal, Hendricks, and Affa and to admonish their conduct that negatively reflects on the City Council of Allentown and the majority Black and brown citizens that call Allentown home.

Be It Also Resolved That, the citizens of Allentown do hereby demand the immediate resignation of Councilpersons Zucal, Hendricks, and Affa and a public apology from the same to the Black and brown citizens of Allentown for denying their democratic voice, safety, well-being