MONTVALE, N.J.—An attorney for Mayor Michael Ghassali filed a motion May 21 to dismiss a First Amendment lawsuit against him by a Park Ridge resident who alleges the mayor restricted his right to free expression on an official government social media page.
The attorney’s motion said legal documents seeking dismissal of the lawsuit will be filed in Superior Court on Thursday, July 2, and oral argument has been requested on the motion.
Christopher Botta, of Botta McCaskey LLC, Ramsey, attorney for Ghassali, states that the mayor’s Facebook page is not an official government page, but rather his personal page, which provides a variety of updates on community news and events. Botta also notes that the borough has its own official Facebook page.
Park Ridge resident Howard Fredrics, chairman of PKRG-TV, which serves the Borough of Park Ridge, filed a lawsuit March 3 in Superior Court against Ghassali, alleging that Ghassali’s blocking of him from the Facebook page violated his First Amendment rights. (See “Park Ridge resident sues Montvale mayor over Facebook blocking,” by Michael Olohan, March 12, 2026, at thepressgroup.net.) Ghassali contends his Facebook page is a personal page, not an official government page.
The 151-page motion to dismiss cites the borough’s official website, official Facebook page, and Mayor Michael Ghassali’s personal Facebook page. The legal brief filed in support of dismissing Fredrics’ complaint against Ghassali details four points.
Those include: the legal standard for dismissal; that Ghassali did not engage in “state action” on his personal Facebook page or violate Fredrics’ rights by blocking him from the page; that Fredrics’ official-capacity claim against the mayor must be dismissed; and that Fredrics’ complaint against the borough must be dismissed because Fredrics fails to state a claim under Monell, which found that “public entities cannot be held liable for a federal civil rights violation solely on a respondeat superior basis.”
An online legal site notes respondeat superior is a legal doctrine holding an employer vicariously liable for negligent acts or omissions committed by employees, provided those acts are related to their employment.
“For the foregoing reasons, and based upon United States Supreme Court precedent, it is clear that the defendants, in particular, Mayor Ghassali, did not violate the plaintiff’s right to free speech under the New Jersey Constitution by blocking his access to the Mayor’s personal Facebook page. As such, the plaintiff’s Verified Complaint must be dismissed with prejudice,” states the brief.
Fredrics told Pascack Press that his attorney, Kathleen Redpath-Perez, was working on a response to Botta’s motion, and that a tentative June 18 court hearing was scheduled. Fredrics said his attorney would “counter each and every point” in the motion to dismiss.
All case-related complaints, motions and filings can be found online on New Jersey eCourts under docket No. BER-L-2677-26. (See “Judge denies Park Ridge man’s bid to comment on Montvale mayor’s Facebook page as suit continues,” by Michael Olohan, March 20, 2026, at thepressgroup.net.)