Law Firm's Fight With Hartford Over Sidewalk Ads May Go To Court

HARTFORD, CT — A Connecticut law firm involved in a dispute with Hartford officials over temporary sidewalk advertisements has demanded that the city preserve documents, electronic communications and other evidence in anticipation of possible litigation.

Attorney Mario Cerame, representing Trantolo & Trantolo and attorney Keith Trantolo, sent a six-page evidence preservation letter dated Oct. 26 to Hartford Corporation Counsel Jonathan Harding.

The letter concerns the city's response to approximately 28 temporary sidewalk messages placed by the law firm in August as part of a campaign intended to raise awareness about traffic safety.

Cerame alleges actions taken by Hartford Mayor Arunan Arulampalam and other city officials amounted to unlawful prior restraint and retaliation.

The preservation demand follows a dispute that began after the firm placed temporary stenciled messages on Hartford sidewalks in August.

Mayor Directed Police To Cite Law Firm

Arulampalam publicly criticized the sidewalk advertisements in August, saying the law firm had placed markings on public property without authorization.

"Yesterday, a law firm sprayed advertisements on city sidewalks around Hartford," Arulampalam said in a social media statement at the time. "Today, I directed the police department to cite the law firm for advertising on public property without authorization."

The mayor compared the markings to graffiti and said the law firm should be subject to the same rules as other residents.

"If a young person did this in the City of Hartford, we would call it graffiti, and I don't believe that a law firm should be treated any differently," Arulampalam said.

Trantolo & Trantolo defended the advertisements, saying they were part of a campaign intended to highlight road safety issues in Hartford and throughout Connecticut.

The firm said it worked with an outdoor advertising company to place temporary stencils in Hartford and West Hartford featuring local and statewide traffic safety statistics.

According to the firm, the messages were created using either power washing or temporary chalk, rather than spray paint.

The firm said it planned to remove remaining chalk markings at the conclusion of the campaign but accelerated their removal after concerns were raised.

The dispute subsequently expanded beyond the sidewalk markings.

According to Cerame's letter, Harding signed an attorney grievance against Keith Trantolo on Aug. 13. The letter also references a police citation and demands the messages be removed.

Law Firm Seeks Records Of City's Decisions

Cerame demanded Hartford immediately suspend the destruction, deletion, alteration, or overwriting of records potentially related to the dispute.

The request applies to the mayor's office, corporation counsel, Hartford police, the Department of Public Works, the Planning Division and other city agencies and representatives.

The firm is seeking preservation of communications surrounding the mayor's decision to direct police enforcement, including records created before and after his public announcement.

The demand also covers the preparation and filing of the attorney grievance against Trantolo.

"The duty to preserve relevant evidence arises when litigation is reasonably anticipated," Cerame wrote.

The attorney contends the city should have anticipated potential litigation by Aug. 11, when the mayor publicly announced his direction to police.

The letter seeks emails, text messages, social media communications, internal memoranda, police records, photographs, and other evidence related to the city's response.

It also requests preservation of relevant communications conducted through personal accounts or privately owned devices.

Questions Raised About Property Damage

The preservation demand specifically addresses allegations contained in Harding's attorney grievance that the sidewalk markings caused more than $1,500 in property damage, were intended to cause damage, or created a risk of pedestrian accidents.

Cerame requested the city preserve all documentation supporting those allegations, including photographs, damage estimates, witness statements, expert opinions, and investigative records.

The letter also seeks records concerning the material used to create the sidewalk messages, identified as USSC Spraychalk.

Those records include any testing of the material's composition, removability, and potential to damage public property.

The firm is also requesting preservation of records involving previous enforcement actions against sidewalk chalk, temporary pavement markings and similar displays over the past eight years.

Those records could include instances involving commercial, political or artistic messages in public spaces.

City Asked To Preserve Electronic Records

Cerame's letter calls for Hartford to issue a litigation hold to employees, contractors and other parties who may possess relevant evidence.

The request includes suspending automatic deletion of emails, text messages, surveillance recordings and other electronic information.

It also seeks records involving the preparation and publication of the mayor's Facebook statement, including drafts, revisions and related communications.

The firm warned that failure to preserve relevant evidence could result in allegations of evidence destruction and potential legal sanctions.

Cerame requested written confirmation within 10 days of receipt of the letter that the city had implemented appropriate preservation measures.

The city was also asked to identify any relevant evidence that had already been lost, deleted, or overwritten.

The preservation letter accompanies a Freedom of Information request and a notice under Connecticut General Statutes Section 7-465, which addresses municipal liability in certain claims involving municipal employees.

The letter does not establish that a lawsuit has been filed.

It states that the firm is preserving its rights and potential legal claims.

From Aug. 13: 'Hartford Mayor Clashes With Prominent Law Firm Over Sidewalk Ads'