June 28, The Times Herald-Record, p. 5

Sign carriers to sue
Monticello faces lawsuit

By SHELLY GREEN
Staff Writer

MONTICELLO -- Five Sullivan County residents are suing Monticello for at least $25 million because officials arrested and detained them for protesting at a Village board roeeting last summer, according to court papers.
The plaintiffs, known as the Monticello Five, assert that village officials attempted to "chill" their First Amendment right to protest by detaining them during a meeting when they held up placards criticizing what has become known as the "musical chairs" job swap.
Several Village Board members switched jobs and created a full-time attorney post during an executive session last year. The swaps were later ruled illegal by a state Supreme Court judge who said the violated the state's open meetings law.
"Some of our village officials had a difficult time learning about the open meetings law and elective democracy," said Thomas Rue, a plaintiff. "They are now apparently learning the hard way about the importance of the First Amendment. What we mean to do is drive home the message that this kind of abuse of power cannot recur in any American community."
The suit, filed recently in U.S. District Court in White Plains, names the foUowing as defendants: Mayor Robert Friedland; former Village Attorney Mark Schulman; Village Manager James J. MaUoy; Gladys Walker, Evelyn Vandermark, David Rosenberg and Gloria Cahalan, who were all village trustees at the time. Police Chief Michael Brennan and Officer Michael Bunce, who made the arrests; and the viiIage itself.
The suit seeks $25 million in compensatory damages and an undisclosed amount in punitive damages.
"Being detained, being told you're not free to go, being held in custody, are tremendons sources of anguish for any law-abiding citizen," said lane Bilus Gould, the White Plains-based lawyer for the Monticello Five.
The quintet arrested Aug. 2, 1993 for disorderly conduct, a violation, were: Thomas and Carmen Rue of Monticello; Mary Marino of Monticello; Glenn Pontier of Narrowsburg, and Charles Stephenson of North Branch.
The charges were dropped in February 1994.
Village Manager ,lames Malloy yesterday said, "It appears to he a frivolous lawsuit, and I hope it will be dismissed as such."
Village Attorney Martin S. Miller said yesterday that the village plans to fight the lawsuit, but he was not sure whether he would represent the village. The village might hire a White Plains lawyer for practical reasons, he said.
In addition to charging the nine village officials and former officials in their official capacity, the suit names each individaaUy. That means that any damages awarded in the case my have to come from the defendants' own pockets.
Monticello Village Police Chief Michael Brennan said yesterday that the Monticello Five were "certainly within their rights" to file a suit.
A conference of lawyers representing the various parties in the suit is scheduled for Aug. 10 in White Plains, Gould said.



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