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Saturday, September 22, 2007

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
(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 or 914-694-5163.


Anonymous said...

I'm glad the Journal News reported this. I'm going to federal court on November 12th for the hearing; the more people the better!! I'm sick of the violations of the laws in Westchester County. It's out of control. It's got to stop!

Anonymous said...

these bums that pull this crap belong in jail doing real time

Anonymous said...

Nicolai doesn't give a rat's ass about any federal laws. Under his lawless lead, the boneheads in Yonkers that trashed the newspaper machines simply thought they could get away with it. Because of their connections to the courts through the head violator of the law-- Frank Nicolai. Thanks to Nicolai and Pirro, the county is a mess, void of any respect for the law.

Anonymous said...

Westchester Co. is like the wild west, the law is whatever the lawyers/judges want it to be and everyone gets screwed

Anonymous said...

Bring a Federal Monitor into Westchester and all of the 9th Judicial District. It's that bad. Nothing else will work.

Anonymous said...

All of this nasty, illegal discriminating corruption happens because the entire NYS UNIFIED COURT SYSTEM has" NO" ACCOUNTABILITY ,for the purpose of getting away with all of the above and more! You cannot have an extremely potent legal system, swamped with lawyers and judges who are enforcing and then breaking the laws and rules on a whim, with loads of state taxpayers income, 2 billion dollars, AND NOT EXPECT self corruption and destruction through this massive illegal behavior. When and i say WHEN not if, the feds. come in it must be mandatory for them to setup an accountability board, with NO political groups represented....EVER! This is a taxpayer funded system and we must pay close attention to all court employees as we do with our city halls...which seems to inordinately appear under the eyes of constant scrutiny, which is fine, but we never hear about the judiciary and it's complex rip offs. Ever wonder why our media ignores and permits this abuse of an entity that has more funds than it takes to run my city? I wonder everyday...what is that the media is protecting and WHY?

Anonymous said...

Let me tell my tale and my encounter with Judge Francis Nicolai. As a party to litigation before another Judge (who shall remain nameless at this time) the case was marked for trial. It was transferred to Judge Nicolai who decided a pending motion in my favor, then the matter was going to trial. All of a sudden the first Judge (who had lost control of the case) says this is a mistake, he wants the case back. Judge Nicolai "Sua sponte" (of his own will, voluntarily; without prompting or suggestion - Yeah sure) takes back his favorable decision towards me. The first Judge taking the very same papers (that Judge Nicolai had) rules against me. Then permits a summary judgment and you know the rest of the story, yes the railroad, junk justice is no justice.
The Courts are Snake Pits

Anonymous said...

I heard from a good OCA source that the managing director of violations of U.S. constitutional rights in Westchester (King Nick) will soon be removed. Justice just may prevail!

Anonymous said...

There is but one engineer on the 9th Judicial District Railroad, aptly named “Nicolai’s Junk Justice Express.” With Frank at the helm, there’s no stopping for the rule of law, fairness, impartiality or justice. All aboard the train the hell!

Anonymous said...

Glad to see Richard Blassberg (The Westchester Guardian) had the wisdom to go to Federal Court on this issue. He has a chance. He would have no chance if it showed up in Nicolai's bailiwick. Good Luck Richard.

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