First Amendment case against Burlington can proceed – BurlingtonFreePress.com

A judge ruled on Thursday, June 1, 2017 that a case challenging a Burlington housing policy can proceed. JESS ALOE/FREE PRESS

184 Church Street in Burlington on Wednesday, April 6, 2016.(Photo: GLENN RUSSELL/FREE PRESS)Buy Photo

A federal judge ruled a Burlington man's lawsuit charging the city with violating his First Amendment rights can proceed.

Joseph Montagno filed the lawsuit last fall claiming the city violated his rights by pressuring his landlord to evict him for calling 911 too many times.

The ruling, issued on Thursday by Judge Christina Reiss, mostly denied the city's request to dismiss the case.

In the original complaint, Montagno's American Civil Liberties Union lawyer, Jay Diaz, argued that his client's right to free speech had been "chilled" by the city's actions.

More: Lawsuit: Man evicted for calling BPD 'too frequently'

If his factual allegations are true, Reisswrote, "he has plausibly alleged a retaliation claim."

The judge dismissed several other parts of the lawsuit. Eileen Blackwood, Burlington's City Attorney, said she was pleased that the court had narrowed the issues.

She also said it was early in the proceeding.

"Motions to dismiss are often not granted because the court has to give the benefit of the doubt to the plaintiff," she said.

Burlington city attorney Eileen Blackwood.(Photo: KEVIN HURLEY/for the FREE PRESS, FILE)

Montagno claimed in the lawsuitthat the Burlington Police Department and Code Enforcement office kept track of his calls to the police department, and then pressured his landlord into evicting him.

"We're very pleased with the ruling," said Jay Diaz, Montagno's American Civil Liberties Union lawyer. "Mr. Montagno is looking forward to pressing his case against the city."

Jay Diaz, staff attorney with the Vermont ACLU, in February 2015.(Photo: KEVIN HURLEY/for the Free Press)

Diaz said his client was able to eventually secure housing in Burlington after being evicted from his Church Street apartment, with the help of several local nonprofits such as Vermont Legal Aid and Champlain Housing Trust.

He said one goal of the lawsuit was to end the alleged policy, as well as to encourage the city to focus more on supporting people who need help.

"They were among the most vulnerable Burlington residents," he said about the residents of the Church Street building where Montagno lived. "They were low-income, many of them had disabilities."

Blackwood said she does not believe that Burlington hasa "caller retaliation policy."

"We don't think there was any attempt to chill First Amendment rights," she said.

Contact Jess Aloe at 802-660-1874 or jaloe@freepressmedia.com. Follow her on Twitter @jess_aloe

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First Amendment case against Burlington can proceed - BurlingtonFreePress.com