Judge OKs trial in Middletown free-speech case – Times Herald-Record

James Nani Times Herald-Record @JamesNani845

MIDDLETOWN - A federal judge hasruled that there areenough questions to warrant a trial onwhether the Middletown school boardand superintendentrestricted free speech at a contentious school board meeting in 2010.

Judge Edgardo Ramos of the U.S. District Court, Southern District of New York, denied a motion on Tuesday by Middletown School District Superintendent Ken Eastwood for summary judgment inthe First Amendment claim.

The long-running lawsuit that's dogged Eastwood was brought in April 2010 by Francis Hoefer.

In March 2010, Hoefer, who lived inOswego at the time, tried to speak at Middletowns meeting but was cut off by board President Will Geiger.

Hoefer was removed from the building and handcuffed by Middletown police.

Hoefer had come to air complaints about Eastwood, dating back to the time when Eastwood was in charge of Oswegos schools.

Hoefer, a former Oswego school board member, filed the lawsuit regarding that ejection, naming three parties Geiger, Eastwood and the Middletown district.

He's represented by Goshen civil rights attorney Michael Sussman.

Hoefer said his civil rights were violated, including the right to free speech.

The parties came pretty close to a settlement at one point. Geiger and the board signed it, but Eastwood refused because he had a defamation suit against Hoefer.

Hoefer had put his comments in an online blog post soon after the 2010 board meeting.

Eastwood sued Hoefer for defamation in state court, won,and last year a state appellate court upheld the decision that Hoefer defamed him in part ofthat statement.

In Ramos' June 6 opinion, he saidcourtsmust construe facts in the light most favorable to the plaintiff in motions for summary judgment.

"Based on the facts before the court, a reasonable fact finder could determine that Eastwood engaged in a viewpoint-based prior restraint by suppressing statements that were critical of him while conversely allowing statements that praised him," Ramos wrote.

Ramos also ruled that just because Hoefer was able to publish his statement in a blog post after the meeting "does not do away with the fact that his intended speech was chilled, indeed frozen, at the board meeting."

Finally, Ramos found that Eastwood doesn't have immunity. A defense attorney has appealed the opinion on the immunity grounds.

In an email, Sussman said the trial will begin on July 7 and called the order "a stirring affirmation of the First Amendment."

The case will now likely go to trial, Eastwood said.

"Settlements are for when you think you've done something wrong," Eastwood said.

"I didn't do anything wrong, so I'm not going to roll over and take it."

jnani@th-record.com

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Judge OKs trial in Middletown free-speech case - Times Herald-Record