New York City moves to dismiss Paladino’s free speech lawsuit

The New York City Council on Monday formally moved to dismiss Council Member Vickie Paladino’s lawsuit against the legislative body, saying her claims are “meritless” – but in doing so, city lawyers conceded that the council may not actually have the legal standing to expel the Queens firebrand over her statements on X. 

The council ethics committee charged Paladino with disorderly conduct earlier this month for five Islamophobic posts she made on X that they say violate the council rules and anti-harassment policy. The posts called for “the expulsion of Muslims from western nations” after the Bondi Beach terror attack, said that the city is “under foreign occupation” when New York City Mayor Zohran Mamdani appointed a Muslim immigrant affairs commissioner who previously worked with the Council on American-Islamic Relations, and alleged that a post about the mayor’s Ramadan prayers with sanitation workers indicated “Islamic conquest,” among other things. The committee summoned Paladino to a hearing, after which they would decide on consequences that could range from losing a seat on a committee to being expelled from the council. Paladino sued, saying her speech was protected by the First Amendment.

In its motion to dismiss, lawyers from the New York City Law Department representing the council contend that Paladino has gotten ahead of herself, saying “her claims based on speculative discipline she has not received, and may never receive, are premature.” In other words, the council member has yet to even face a disciplinary hearing on the matter – how can she have been harmed by consequences that have not happened yet? 

The suit suggests, however, that while the ethics committee can punish Paladino – “within limits” – it maybe would not have the footing to go so far as to expel her. Specifically, it says that the First Amendment does not protect Paladino “from political retaliation for her public conduct unless she is stripped of her office or prevented from doing her job.” 

Jim Walden, Paladino’s lawyer, saw the city’s implication as a victory. “Already we won half the battle since Council concedes they cannot expel Council Member Paladino,” he told City & State via text. “The rest of their lame arguments will fail soon enough.”

Asked for comment on the matter, council spokesperson Jack Lobel said in a statement, “This Council is committed to upholding clear standards of workplace conduct, and its Committee on Standards and Ethics is reviewing this matter to determine whether discipline is appropriate.”

The city also pushed back on Paladino’s argument that her comments, which she characterized as policy views distinct from her City Council X account, are protected by the First Amendment. The city argues that her account being titled “Councilwoman Vickie Paladino” and the “nature” of her posts “are plainly meant to create the association between the account and her Council work.” 

The city’s response further picks apart Paladino’s attempts to compare some of her council colleagues’ comments, which she argues warrant discipline. Paladino argued that Council Member Chi Ossé should be disciplined for calling President Donald Trump a pedophile, for example. The suit makes the case that that’s not an apt comparison to Paladino’s comments about Muslims, since unlike religious groups, pedophiles are not a protected class under the Fourteenth Amendment.

The council ethics committee’s letter to Paladino, made public as an exhibit in the council’s motion to dismiss, reveals that she was notified of charges on March 2. The committee was alerted to her conduct on Dec. 15, the day after she posted on X about needing “the expulsion of Muslims from western nations.” Previous council Speaker Adrienne Adams referred her to the ethics committee for that statement. After reviewing four subsequent Islamophobic posts, including ones targeting former council employee Faiza Ali, Council Speaker Julie Menin again referred the matter to the ethics committee on Feb. 23. The committee voted unanimously to charge Paladino with disorderly conduct under the council’s rules.  

The city’s legal response comes days after the New York Post reported that Ossé, along with Council Members Tiffany Cabán, Sandy Nurse and Shahana Hanif, had been subpoenaed as part of Paladino’s case. They’d be required to testify April 17, the Post reported.

Paladino is slated to appear before the ethics committee on April 2, per the legal filings.