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Mike Parietti Files Suit In Federal Court Charging His Eviction From Public Meeting Based On The Content Of His Speech Violated His Civil Rights
THE LEGAL BEAT
After being ejected and physically removed by Chairman Jay Hood from a Rockland County Legislature meeting last week, Michael Parietti, a former candidate for County Executive, filed a civil rights suit against Rockland County, the Legislature, Hood, and the Rockland County Sheriff’s Office.
The lawsuit, charging violations of Parietti’s First and Fourteenth Amendment rights, was filed Friday in federal court for the Southern District of New York in White Plains. Parietti’s complaint says he was removed from the Legislative chamber based on the content and viewpoint of his speech and not for any lawful or legitimate basis. This, he claims, is a violation of First Amendment right to speech.
Parietti was one of dozens of speakers at a standing-room-only public meeting where legislators were hearing public comment on replacement of an existing law to govern Home Improvement Contractors. Among the many proposed changes, the new law, which was passed by all the legislators except Tom Diviny, will convert the board that has had authority over home improvement contractors’ licenses into an advisory board with no real authority.
Numerous changes to the law include divesting the Board’s authority to issue licenses and vesting it in the Director of the Rockland County Consumer Protection Department; the creation of a new category of unlicensed “project managers”; the setting of strict limits of 45 days for the Director to grant or deny a license; requiring denials to provide specific reasons; removing all criminal penalties for violations; and allowing exemptions in those jurisdiction where local municipalities pass their own laws licensing or regulating home improvement contractors.
The contentious meeting, explosive at times, divided the room between those who supported the changes and those who didn’t. Hasidic members of the community stressed that the current all-volunteer home improvement board made it difficult or impossible for new applicants to get licenses.
Parietti chose to speak about the gerrymandering of the legislative districts, which has led to a rise in Hasidic representation in the County Legislature. A group of attendees from the Hasidic community chanted “Stop the Hate!, Stop the Hate!”
In response, Hood told Parietti to stick to the topic, and Parietti continued his train of thought. Shortly after, Hook declared Parietti’s words “hate speech” and directed the Rockland County Sheriff’s deputies to remove him from the chamber.
Earlier in the public hearing, another speaker referenced immigrants, including undocumented immigrants, as a reason to reject the legislative changes. Hood took no issue at the time with the offense, but later acknowledged he was wrong to have allowed the attack on the immigrant population.
The lawsuit charges that Parietti’s remarks were peaceful, non-threatening, and non-disruptive, and did not interfere with the orderly conduct of the meeting. It says Parietti did not use profanity, make threats, or engage in conduct that would justify his removal.
Parietti complains that Hood made no effort to restore order or otherwise admonish the audience members interrupting his presentation. He contrasted that to other speakers who, when interrupted, were admonished by Hood to respect the speakers’ time at the podium.
Parietti says he suffered damages based on the deprivation of his constitutional rights, embarrassment, humiliation, and reputational harm. He also claims his Equal Protection rights were violated as multiple speakers made critical or controversial remarks concerning identifiable groups who were not interrupted, censored or removed from the meeting. He says his removal was an intentional act motivated by Hood’s disagreement with the content of his speech.
Additionally, Parietti charges that the suppression of his first amendment rights were part of the “policies, practices, customs and usages” of Defendant Rockland County. Those policies and practices include permitting presiding officials to remove speakers based on viewpoint, failing to adequately train officials regarding First Amendment limitations, and authorizing or ratifying the use of law enforcement to suppress protected speech.
Parietti is seeking a declaration that the actions taken violated his constitutional rights, compensatory damages, punitive damages, and injunctive relief prohibiting the Defendants from removing or censoring him from public meetings based on the content or viewpoint of his speech. He is also seeking a jury trial and attorneys’ fees.
He is represented in the civil rights suit by New City-based attorney Robert Zitt, who said, “What makes America special is that the government doesn’t get to decide which viewpoints are acceptable.”
Parietti ran as an independent candidate for Rockland County Executive in 2025.
Yagel v. Town Of Haverstraw
Chairperson Hood is not the only public official to find himself named as a defendant in federal court for wrongfully and forcibly removing speakers at public meetings.
In a raucous 2023 public meeting, Haverstraw Town Supervisor Howard Phillips announced the town’s intention to settle a RLUIPA suit filed against the town by K’Hal Bnei Torah of Mount Ivy, that sought to convert a single-family home into a house of worship at 62 Riverglen Drive in Thiells. Residents, unhappy with the town’s capitulation and agreement to pay $235,000 in legal fees, spoke out, often disrupting the meeting.
At one point, like many other residents, former Pomona Mayor Brett Yagel, called out his opposition to the settlement. Phillips ordered Yagel ejected from the meeting. Haverstraw Police escorted him out, but Yagel remained in the doorway. He was arrested by Haverstraw Police, and charged with Disorderly Conduct.
The charges against Yagel were subsequently dismissed.
But Yagel struck back by filing a lawsuit in the United States District Court for the Southern District of New York against the Town of Haverstraw, Supervisor Howard Phillips, and the Town of Haverstraw Police Department. The five-count complaint alleged violations of Yagel’s state and federal rights to free speech, malicious prosecution based on a personal vendetta, intentional infliction of emotional distress, and wrongful arrest. Yagel is seeking compensatory and punitive damages and also asked for a jury trial.
Defendants answered the Complaint, denied all the material allegations, raising procedural defects, and blamed Yagel for his own injuries, saying the town was justified in its actions and/or was immune from liability.
Discovery in the case is complete and the parties are to appear in federal court for a case management conference on May 28.
Yagel is represented by Kevin Conway, Esq. The Town defendants are represented by Frank Foster, Esq. of New York City-based Morris Duffy.
