Federal Judge Acts On Westchester 1st Amendment Abuse...CLICK HERE FOR FULL STORY

It's been said that only The Feds could properly confront the on-going and brazen abuse of the law in Westchester County. And every day, there is more and more encouraging news. Today: three cheers for U.S. Federal District Court Judge Charles L. Brieant, and three cheers for The Westchester Guardian for bringing a federal lawsuit in response to the actions of a bunch of thugs who violated the newspaper's Constitutional Rights.....MORE...

Here's the story by Len Maniace, in today's (September 22, 2007) The Journal News:

Federal judge sets date for newspaper lawsuit against Yonkers
By LEN MANIACE
THE JOURNAL NEWS www.lohud.com
(Original Publication: September 22, 2007)

YONKERS - A federal judge yesterday barred City Hall from unilaterally removing Westchester Guardian news racks from city sidewalks and set a November trial date for the newspaper's suit charging Yonkers with violating its First Amendment rights.

The order issued by U.S. District Court Judge Charles Brieant in White Plains contained a series of conditions for both the city and the newspaper to observe. It permits the weekly newspaper, whose articles and headlines have regularly lambasted Mayor Phil Amicone, to be handed out on city sidewalks and outside City Hall, but not in Yonkers streets nor on City Hall steps.

The New Rochelle-based Guardian had sought an injunction against the city, barring it from interfering with the newspaper's distribution, but instead the city proposed the series of conditions that were included order.

The dispute began after the city's confiscated Guardian news racks and ticketed its employees as they handed out the newspaper in July and August. After the Guardian sued the city Aug. 8, it was able to retrieve 36 of its news racks. The Guardian said 56 of its news racks were taken, a figure the city has disputed.

Yonkers officials said the racks blocked public sidewalks and that the distribution of the newspaper by hand violated city law. The Guardian's publisher, Sam Zherka, said the action was City Hall's retribution for a series of critical articles about Amicone.

The Guardian has filed two lawsuits: the one in August on behalf of specific Guardian staff and readers, which seeks $40 million in damages; and a class action suit that seeks up $200 million.

Amicone spokesman David Simpson said he was pleased that Brieant set the trial date, Nov. 12, after the Yonkers mayoral election.

Reach Len Maniace at lmaniace@lohud.com or 914-694-5163.