Civil rights attorney Michael Sussman announced a lawsuit will be filed against Village of Montgomery Mayor Stephen Brescia for violating the first amendment rights of residents who were prohibited from speaking at a public meeting with Medline representatives on June 4.

Sussman is filing the suit in White Plains U.S. District Court for the violation of freedom of speech based on viewpoint discrimination.

“I think the most important issue is a federal constitution issue,” Sussman said. “It’s the depravation of a person’s right to speak and the slippery slope that brings us to, and the need to send a message to those who have so much power and control in the county that that is noway to conduct themselves.”

Brescia announced only Village of Montgomery residents were allowed to speak when Town of Montgomery resident Susan Cockburn attempted to ask the Medline representative a question. Police officers prevented Cockburn from speaking, although she was allowed to stay in the meeting.

Crawford and Valley Central School District resident Jessica Gocke also attempted to speak but was escorted out by police officers. She was later allowed back in the meeting.

“You are not a village resident; you are not a town resident,” Brescia said to Gocke during the meeting. “You go to every major project throughout the county and you oppose it. You are not asking a question.”

Cockburn, Gocke and Gocke’s mother, Debra Corr, are the chief plaintiffs in the case, although the plaintiffs also represent all people who were prohibited from speaking at the meeting. The plaintiffs are seeking punitive and compensatory damages in the civil lawsuit and an injunction that would prevent Brescia from participating in the behavior again.

“I hope we can send a very clear message to Mr. Brescia and those like him conducting meetings throughout the county that this is not a way of governance that is common to the United States,” Sussman said. “This is not what we’re interested in. We’re interested in a robust debate. Let the people make informed decisions, which can’t happen if voices are silenced by intimidation.”

Gocke said her first amendment rights were violated and she was bullied by Brescia based on her points of view. Gocke went on to say this has become a pattern for Brescia, who also serves as Chairman of the Orange County Legislature and Secretary of the Orange County Industrial Agency.

“I was singled out, discriminated against, robbed of my free speech and humiliated by being escorted out by police officers despite not breaking any laws and not exhibiting disruptive behavior,” Gocke said. “This is a pattern with Mayor Brescia who, while serving in his capacity as Chairman of the Orange County Legislature, regularly silences his perceived political enemies.”

Gocke said she and other county residents have experienced backlash for their opinions and questions opposing projects which she said will have negative environmental impacts and increase the county’s reliance on fossil fuels.

“We are labeled as activists because we take time to read the environmental impact statements,” Gocke said. “We are labeled as eco-terrorists by Mayor Brescia’s friend Steve Neuhaus because we take the time to ask questions and in many cases bring up local law, zoning and environmental designations that ‘slow down the process.’ Mayor Brescia, chairman Brescia and secretary of the OCIDA Brescia does not like questions.”

Sussman said he will not pursue a case in state court for violation of New York State Open Meetings law.

The agenda located on the village’s website for the public meeting includes a question and answer session for village residents. The agenda also includes a public portion for questions, which limits speaking to three minutes but has no other limitations based on residence.

Medline Industries, Inc, a 1.3-million-square-foot warehouse just outside Village of Montgomery limits, is currently under review by the Town of Montgomery Planning Board.

Brescia did not respond to repeated requests for comment.