MONTVALE, N.J. — A Bergen County judge has allowed a First Amendment lawsuit against Mayor Michael Ghassali and the borough to proceed, rejecting their request to dismiss the case.
Park Ridge resident Howard Fredrics alleges Ghassali deleted his comments and blocked him from the mayor’s Facebook page after Fredrics questioned posts involving drones, national mourning and immigration statistics.
The defense argued the page is personal, not governmental. Superior Court Judge John O’Dwyer ruled July 17 that labels and disclaimers are not decisive when an official uses a page to communicate municipal business. At this stage, the judge said, Fredrics has sufficiently stated a constitutional claim.
The ruling does not decide the merits of the case. It allows the lawsuit to move into discovery. A previous request to prevent Fredrics from being blocked while the case proceeds was denied because he had not demonstrated irreparable harm.