Judge: Blakeman has no valid claim that legislators' lawsuit was attempt to silence him in 'militia' debate

A judge dismissed a counterclaim filed by Nassau County Executive Bruce Blakeman that argued his right to free speech was violated by a lawsuit filed by two Democratic legislators who say his plan to deputize armed citizens was unlawful.

State Supreme Court Justice Gary M. Carlton said earlier this month there was no valid legal basis for Blakeman to characterize the lawsuit filed by Legis. Debra S. Mule of Freeport and Scott Davis of Rockville Centre as an attempt to silence him, known as a "strategic lawsuit against public participation," or SLAPP.

Carlton said New York’s anti-SLAPP law was intended to "protect citizens from retaliation for exercising the rights to speech and petition, not shield municipalities or public officials from challenging the legality of government action."

"Citizens must remain free to question the legality of government action without the deterrent effect of retaliatory claims for damages under the anti-SLAPP law," Carlton added in his Oct. 17 ruling.

Blakeman announced his plan for provisional special deputies with a March 2024 notice in Newsday seeking private citizens with gun licenses who would help protect human life, government buildings, hospitals, houses of worship and other property during emergencies.

"This is round one in what will be protracted litigation by Democrat elected officials who have no regard for public safety," Blakeman spokesman Chris Boyle said in response to Carlton’s ruling.

An attorney for Mule and Davis applauded the judge’s ruling, calling Blakeman’s claim that Mule and Davis had impeded his right to free speech "bizarre."

"Especially in this era of government crackdown on free speech, it’s important to challenge any effort by an executive, locally or nationally, to silence his constituents through the courts," said Carey Dunne, of the Free + Fair Litigation Group, part of the legal team representing Mule and Davis. "We now look forward to addressing the legality of the county executive’s secret militia."

Democratic lawmakers and community activists have expressed concerns that the program — which some have characterized as a private militia — would be accountable only to Blakeman. They fear deputies without police experience lack the training required by New York State, which could have tragic results.

Democratic lawmakers and community advocates question why the program is needed when there are more than 3,000 trained and sworn officers working with the Nassau County Police Department and other agencies, as well as 60,000 officers working in New York State who can be called upon during emergencies.

Mule and Davis filed their lawsuit in February in state Supreme Court in Mineola. The complaint said Blakeman violated general municipal law by using public money to create the program and that officials have illegally denied legislators’ requests for details under the state’s Freedom of Information Law. The lawsuit named Blakeman, Nassau County and Sheriff Anthony J. LaRocco as defendants.

Blakeman filed his counterclaim in May, alleging that the lawsuit was "intended to punish, intimidate and harass him" for publicly discussing his provisional special deputies program.

Mule and Davis responded with their own counterclaim, arguing that Blakeman’s lawsuit is a SLAPP action intended to restrain their rights to free speech. Carlton has not yet ruled on the legislators' counterclaim.