Burlington Mayor Emma Mulvaney-Stanak speaks at a press conference in August 2024. File photo by Glenn Russell/VTDigger A Chittenden Superior criminal court judge extended the anti-stalking order designed to protect Burlington Mayor Emma Mulvaney-Stanak — the latest development in a case that encompasses both First Amendment rights and the safety of politicians in the current political environment. Aryeh “Ari” Moskowitz was criminally charged with stalking and harassment in June after Mulvaney-Stanak reported that he had accosted her on multiple occasions, causing her to fear for her and her family’s safety. The defense, led by attorney Robert Kaplan, argued that Moskowitz’s actions were protected under free speech. Mulvaney-Stanak and other witnesses described multiple interactions with Moskowitz, according to court documents, but Judge Colin Owyang’s Oct. 15 decision hinged on two incidents. Although the court could have considered the other incidents as well, Owyang wrote that the court decided to exercise extreme caution to prevent any incursions on First Amendment rights. Mulvaney-Stanak’s request to extend the order and Owyang’s ultimate decision were narrowly focused on Moskowitz’s actions, according to court documents. “She nowhere requested any abridgement of defendant’s speech, only limitations on his unprotected ‘expression,’” Owyang wrote. This ruling will extend the anti-stalking order for one year, requiring Moskowitz, a past critic of Mulvaney-Stanak, to stay 6 feet away from her at all times, according to court documents. The first incident the court considered occurred after a Ward 5 meeting at the Department of Public Works building in January, according to court documents. Mulvaney-Stanak said Moskowitz blocked her exit from the building and demanded to meet one-on-one. She recognized a neighbor, Paul Fleckenstein, in the area and asked him to escort her to her car. Moskowitz appeared to be agitated and “ramped up,” according to Fleckenstein’s testimony cited in the decision, and Fleckenstein said he felt it necessary to step between the two of them.  After Fleckenstein walked with Mulvaney-Stanak to her car, Mulvaney-Stanak said, she took an unusual route home and felt the need to repeatedly check to make sure Moskowitz was not following her. The second incident was in June, when Mulvaney-Stanak entered a Burlington restaurant with her executive assistant Penny Powers for a lunch meeting. Mulvaney-Stanak saw Moskowitz sitting inside the restaurant and continued toward a nearby bakery, while Powers stayed. Shortly after, Powers and Mulvaney-Stanak said, they saw Moskowitz heading quickly toward the bakery, according to court documents. Mulvaney-Stanak searched for a back exit to the bakery and, finding none, hid inside the bathroom. Powers found her there and told her to stay in the bathroom and lock the door. After Moskowitz left, Powers returned to the bathroom to fetch Mulvaney-Stanak, where she reported that Mulvaney-Stanak hugged her and started to cry. Powers then called a security service, who escorted them back to City Hall. After Moskowitz left, he encountered Shawn Burke, the interim chief of the Burlington Police Department, according to court documents. Moskowitz told Burke that Mulvaney-Stanak had looked afraid and had run away. Moskowitz laughed in a “sinister way” while recounting the incident, Burke reported, according to court documents. After Burke told Moskowitz that his actions may have been a crime, Burke said, Moskowitz’s demeanor shifted and he asked to retract his previous comment, according to court documents. The temporary order was issued in Chittenden Superior Court on June 12. Owyang extended that order for one year after deciding that Moskowitz’s actions were sufficient to cause fear for a reasonable person. Moskowitz’s defense has focused on the issue of freedom of expression, with Kaplan arguing in a past interview with VTDigger that Mulvaney-Stanak is “weaponizing the criminal justice system in order to insulate herself from having to answer uncomfortable questions.”  “She elected to be mayor, she put herself in that position by asking the public to put her in that position,” he said in the interview. Kaplan did not respond to requests for updated comments in time for publication. Mulvaney-Stanak issued a press release Oct. 9 after the latest ruling, framing this case as another example of attacks against politicians nationwide, particularly female politicians. She declined to comment further on the matter. “We can choose the community we want to be — by naming this as unacceptable and refusing to accept it,” she wrote. “No political figure should ever have to experience this as the price for public service. And I stand here today to say enough is enough.” Read the story on VTDigger here: Judge extends anti-stalking order for Burlington mayor’s protection. ...read more read less