NORTHAMPTON — Outgoing Ward 3 City Councilor Quaverly Rothenberg has filed a lawsuit against the city and three of her fellow council members, claiming that her censure by the council in March was both defamatory and a violation of her right to free speech.
The council had censured Rothenberg during a special City Council meeting for her conduct on a call she made to dispatch services on Feb. 18. Rothenberg placed the call following an ice storm in the city that had left several side streets frozen for several days.
During the call with a public safety dispatcher, Rothenberg said her constituents were getting hurt as a result of the ice and that she needed to speak to someone from the Department of Public Works. After the dispatcher refused to give out emergency contact information for the DPW, Rothenberg said that the “City Council outranks the mayor,” while also repeating a rumor that DPW Director Donna LaScaleia had resigned.
The resolution to censure Rothenberg, sponsored by councilors Alex Jarrett, Stanley Moulton and Marissa Elkins, said Rothenberg had “used her position in an improper way in an attempt to coerce city employees to violate protocols of their employment,” and had also “destabilized the Department of Public Works,” by stating the rumor about LaScaleia. The resolution also states Rothenberg potentially violated Massachusetts law regarding governing standards for public officials.
Rothenberg’s lawsuit, filed in U.S. District Court on Monday against the three councilors who endorsed the resolution as well as the city itself, claims the resolution falsely accused her of public corruption, and that its allegations were made with reckless disregard for the truth.
“The use of the resolution process to accuse a City Councilor of crimes is unprecedented in Northampton’s history,” the lawsuit states. “The publication, endorsement, and repetition of the baseless and false allegations by the Defendants caused significant harm to Councilor Rothenberg’s reputation and emotional well being.”
Rothenberg’s attorney, Dana Goldblatt, said in a statement to the Gazette that the lawsuit primarily consisted of two main critiques against the resolution.
“Procedurally, Northampton shouldn’t be using its legislative process to accuse people of crimes,” Goldblatt stated. “And substantively, disagreeing with the mayor about ice removal priorities is not a crime.”
In a joint statement, Jarrett, Moulton and Elkins said, “Councilor Rothenberg’s claims have no merit and the City will vigorously defend this lawsuit. The resolution censuring Councilor Rothenberg’s conduct was passed by the council by a vote of 7 to 1. We regret that valuable City resources must be dedicated to this matter.”
The lawsuit accuses the three councilors in the case of depriving Rothenberg of federal and state rights to free expression, and the city of negligently failing to train or supervise the councilors, making it liable for injury to Rothenberg. All four defendants are also accused of defamation of Rothenberg due to the claims made in the resolution of potentially violating state law.
Rothenberg has previously defended her actions during the dispatch call, telling the Gazette in March that she was trying to act on behalf of her constituents who were facing unsafe conditions at the time.
“My only regret was perhaps there was a more tactful way to reveal the information about the DPW director,” Rothenberg said at the time. “But if she [the dispatcher] is routing the calls to someone who may not be there, that’s pertinent information.”
A City Council meeting is scheduled for Thursday night, Rothenberg’s final one as a member of the council before Councilor-elect Laurie Loisel takes over the Ward 3 seat.