By Kolby LaMarche

Burlington Mayor Emma Mulvaney-Stanak’s administration has issued trespass warnings to three vocal critics of city policies — independent videographer Todd DeLuca, local businessman and activist Aryeh Moskowitz, and South Burlington resident Keren Sita — barring them from City Hall and other city-owned property in incidents spanning April through early June 2026. 

The orders, enforced in part by guards from Chocolate Thunder Security, the private firm contracted for building security with the city, have intensified questions about public access to government facilities, the limits of free speech in public comment periods, and the city’s approach to managing dissent amid persistent concerns over downtown safety and homelessness.

DeLuca, who films under the name Beautiful Scenic Burlington, entered City Hall in early June while pursuing a story tied to a protest outside the building. 

Aryeh Moskowitz, commonly referred to as Ari, had been demonstrating against the mayor’s policies when it is believed staff in the mayor’s office contacted the Howard Center’s Street Outreach Team, the region’s main provider of crisis mental health services, to request a mental health evaluation of the protester. 

Howard Center personnel responded by coming to City Hall for a meeting in the mayor’s office, doors closed.  

DeLuca stayed inside the building to wait for that meeting to end so he could speak with staff about the circumstances of the referral and the protest. A guard from Chocolate Thunder Security approached him, accused him of loitering, and summarily issued a trespass warning that prohibited his return to, including areas around, the property under threat of prosecution.

DeLuca has said he had identified himself as working on a news story and was not disrupting operations. 

When asked by DeLuca at a public, community event away from City Hall, Mayor Mulvaney-Stanak said the trespasses came not from her, but from her security, and was based on the “safety and security of city hall employees.” 

Chocolate Thunder Security, founded in 2010 by Michael “Mikey” van Gulden, holds the contract for security at City Hall. The company, known locally for work at events, bars, and public spaces including City Hall Park, emphasizes de-escalation and compassion in its training. 

Guards operate under protocols set with the city and have authority to address behavior they view as inconsistent with building rules, including issuing trespass notices when they determine a presence may affect safety or operations. 

In DeLuca’s case, the guard determined his waiting constituted loitering and proceeded with the warning. Van Gulden has publicly defended such decisions, stating that trespasses are issued only when something has gone wrong and that exceptions are not made lightly.

DeLuca, believed to be a Ward 4 resident, began regularly documenting Burlington streets, public meetings, first responders, and social conditions in late 2023. 

His videos capture unfiltered footage of City Hall Park, interactions involving unhoused people, emergency responses, graffiti, and proceedings at council and committee meetings. He describes his work as public journalism aimed at transparency rather than confrontation. 

Some residents credit his footage with shedding light on downtown challenges including theft, disorder, and business impacts on Church Street. Others have criticized him on local forums for filming vulnerable individuals near shelters and schools. He previously received a trespass notice from the Burlington School District related to filming activities there.

In 2025 a John Doe plaintiff experiencing homelessness filed a civil lawsuit against DeLuca and YouTube, alleging privacy violations after DeLuca published video recorded outside the COTS shelter on Pearl Street. The footage showed people gathered near the facility. Court records indicate the case addressed whether such recording in public spaces qualified as protected newsgathering on matters of public concern, with First Amendment issues at play. 

Keren Sita, a South Burlington resident and Congolese refugee, received a 90-day trespass notice from city officials on April 4, barring her from all city-owned property. The order came on the day of the Burlington City Council’s annual reorganization meeting and Mayor Mulvaney-Stanak’s State of the City address in Contois Auditorium. 

Sita has been a frequent participant in public comment periods at council meetings, often addressing a range of issues including mayoral candidates, social policies, and city governance. She has described her comments as motivated by love and faith, though they have at times led to cutoffs by council leadership for content deemed attacking toward other speakers.

Sita’s public appearances include statements at meetings where she raised concerns about She has filed multiple lawsuits in federal and state courts against various entities, including the City of Burlington, state agencies, health providers, and others, often representing herself. 

In addition to the three not feeling welcomed at City Hall, no longer welcome too are comments on Mayor Mulvaney-Stanak’s official mayoral Facebook. Out of the 12 most recent posts by the mayor, only 1 post has the comment section turned on. And it has been this way since early March. 

The city’s authority to issue trespass orders stems from Vermont law allowing municipalities to restrict access to property when officials believe an individual’s presence could disrupt operations or create safety risks. Such orders are civil in nature but can lead to criminal charges for violations. 

In Sita’s case, the 90-day ban prevented her attendance at the State of the City events and other city functions during that period. She has continued to pursue legal avenues related to city actions. For DeLuca and Moskowitz, the warnings have limited their ability to attend meetings or conduct in-person reporting and record requests at City Hall without risking arrest or – in any event – having mental health evaluations done at the request of the city.

Chocolate Thunder guards serve as the primary enforcers of these orders at the building entrance and inside, likely calling the Burlington Police if they needed support. 

Mayor Mulvaney-Stanak has spoken in general terms about the need to protect city employees and maintain a safe environment at City Hall. Her administration has not released detailed explanations or records for each individual trespass when asked by multiple reporters. 

The mayor’s office referred questions about specific warnings to security protocols handled through Chocolate Thunder. The Howard Center has not commented publicly on its involvement in the protest referral that drew DeLuca’s attention.

The incidents involving DeLuca, Moskowitz, and Sita have prompted renewed discussion about the balance between government authority over its property and constitutional protections for speech, petition, and newsgathering.

The First Amendment safeguards the right to film and report on government activities in public spaces, including lobbies of city halls where the public is generally invited. Courts have recognized that recording public officials performing their duties in such areas often qualifies as protected expressive activity. 

However, government buildings are typically treated as nonpublic or limited public forums, where officials may impose reasonable, viewpoint-neutral restrictions to maintain operations and safety. There is no absolute First Amendment right to remain on government property after being directed to leave if the decision rests on legitimate concerns rather than retaliation for criticism.

However, Burlington has a documented history of challenges to its trespass practices and general openness. 

In 2019, the city settled an ACLU lawsuit brought by Jason Ploof over a no-trespass order barring him from City Hall Park. The settlement required policy changes to better protect constitutionally protected activities and provide opportunities to challenge such orders. Similar concerns have arisen in other Vermont municipalities, where courts and the ACLU have scrutinized bans lacking due process or appearing selective.

In September 2020, the Burlington City Council violated Vermont’s open meeting law during an emergency session by inviting Battery Park racial justice protesters into executive session to discuss potential discipline of three police officers. Seven Days filed a complaint, and the council voted 9-3 to acknowledge the violation, as non-public officials were improperly included in a closed personnel discussion.

DeLuca, as an independent videographer engaged in newsgathering at the time of the incident, could argue that his removal interfered with press freedoms, particularly if evidence shows the action targeted his reporting rather than neutral enforcement of loitering rules. 

Moskowitz and Sita, exercising rights to petition officials and attend public meetings, may claim viewpoint discrimination or retaliation given their history of criticizing city leadership. 

All three could pursue administrative appeals of the orders or file private suit under 42 U.S.C. § 1983 alleging First Amendment violations, seeking injunctive relief and damages if the trespasses lack sufficient process or justification. Vermont trespass law allows prosecution for violations but does not override constitutional limits.