You may remember that Tom and Miriam Curnin, part time residents with a house on Shun Toll Road, sued the town last year because they were denied the right to speak at town meetings. Pursuant to a long standing practice in Egremont, nonresidents are allowed to attend, but not to speak, at town meetings, a practice followed by most towns in Massachusetts.



The suit was in federal court and was based on constitutional grounds. The Curnins lost in the federal district court and the circuit court of appeals has just affirmed that ruling. While the Curnins' lawyers are talking about pursuing the lawsuit in some other way, it's difficult to see any realistic way they could do that.



When it was first brought, I told the selectmen and lots of other people that the suit was a loser. And my problem with it was not that I was opposed to letting nonresidents speak, but that I knew it would cost the town's taxpayers a bunch of money to fight and win it. (It has been reported to me that one of the selectmen said it wouldn't cost the town much because our insurance would cover the cost. That selectman apparently doesn't understand what "experience rated" insurance is: the insurance company pays for it now and the town pays for it later through increased insurance premiums.)



I like the Curnins. They're nice people. So last year I told Tom Curnin I'd work with him to get the policy changed if he'd drop the lawsuit. He refused. Keep that in mind if there's an effort to change the policy now. My grandmother used to say "live by the sword, die by the sword."