yUUGE SCHOFIELD IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK DELIA M. FARQUHARSON, Plaintiff, : y , REGINALD A. LAFAYETTE, 7 DOUGLAS A. COLETY, . 4 6 JEANINE L. PALAZOLA, s DOROTHY L. DIPALO, : BOARD OF ELECTIONS . IN WESTCHESTER COUNTY, : Defendants. + Ss = Plaintiff, Delia Farquharson (“Plaintiff”) brings this action against Reginald Lafayette = (“Lafayette”) in his personal capacity and as Commissioner of the Board of Elections for Westchester County, Douglas Colety in his personal capacity and as Commissioner of the Board of Elections for Westchester County, Jeanine L. Palazola in her personal capacity and as Deputy Commissioner of the Board of Elections, and Dorothy L. DiPato in her personal capacity and as Deputy Commissioner of the Board of Elections, and the Board of Blections in Westchester County (“BOE”) (Collectively, Defendants") pursuant to Title 42 U.S.C. § 1983 etal. for denying Plaintiff the opportunity to run for Mayor in Mt. Vernon in deprivation of her first and fourteenth amendment rights. On the basis of these violations, Plaintiff seeks a declaratory judgment, preliminary and permanent injunctive relief, compensatory relief, attorneys fees and costs, any other relief available, and states in support as follows: JURISDICTION AND VENUE 1. This action arises out of acts and/or omissions that occured in Westchester County, New York. 2, Jurisdiction is proper under 42 U.S.C. §§1983 &1988 as Plaintiff is seeking remedy pursuant to 1 federal statute and as such jurisdiction arises out of a federal question, and 28 U.S.C. 1367 as all claims arise from a common nucleus of operative fact.3. Venue is proper under 13 U.S.C. 1391 in the Federal District Court for the Southern District of ‘New York as the claims arose therein and all actions described herein occurred in this venue, THE PARTIES 4. Plaintiff is a City Councilor in Mt. Vernon of Jamaican descent. 5. Lafayette is the Chairman and a Commissioner of the BOE, while also serving as the Chairman for the Mt. Vernon Democratic Committee (“MVC”) 6. Douglas Colety is a Republican and a Commissioner of the BOE. alazola is a Deputy Commissioner of the BOE. 8. Dorothy L. DiPalo is a Deputy Commissioner of the BOE. 9. The BOE is a governmental entity with its principal address at 25 Quarropas St., Suite 1, White Plains, NY 10601. 7. Jeanine L. BACKGROUND FACTS 10. Lafayette has been Commissioner with the BOE since 1999, 11. On July 27, 2015, Maria Caraballo, a two (2) time city council candidate in Mt. Vernon stated in Black Westchester Magazine that Lafayette “Controls Mt. Vernon Politics” and that “if you are not liked by Reggie Lafayette, you are not going to be elected. There will never be an election in Mt. Vernon, that will not be fixed as long as Reggie Lafayette is in office.” 11. During the time that Lafayette has been a Commissioner with the BOE he has made disparaging, remarks regarding individuals of West Indian descent, and in particular individuals of Jamaican descent during public meetings. 12, Lafayette has routinely targeted Plaintiff during political events and nomination processes. 13, During the MVDC nomination process in 2017 Lafayette urged, and was ultimately successful in installing Marcus Griffith in Plaintiff's place after the MVDC had already voted for Plaintiff to be the nominee. 14, Ata meeting attended by both Lafayette and Plaintiff in 2018, Plaintiff indicated that she was interested in assuming the role as City Council President, and then witnessed Lafayette using the microphone to deliver a message about “people wanting to be elected but not understanding how things work.”15. Ata City Council committee meeting attended by PI iff and for some reason Lafayette (who is At on City Council) on January 2, 2019, Lafayette looked directly at Pl ‘as she entered and asked if “are we going to have a smooth night” a reference to Plaintiff's stated plans to speak about the political Propemess of some of the City Council nominations. When Plaintiff asked what he was talking about, Lafayette “am I going to have to respond to anything as commissioner” to Plaintiff. During the meeting, Lafayette placed himself in the physical vicinity of Plaintiff which made the Plaintiff uncomfortable both in her official and personal capacity. ‘THE 2019 MAYORAL RACE 16. On or around February 7th, 2019, Plaintiff completed all filing requirements to run and become Mayor of Mount Vernon, 17, Plaintiff, in conjunction with at least 6 team members collected 985 signatures from community members in Mt. Vernon (“Petitions”), 18. On March 19, 2019, Plaintiff went to the BOE with the Petitions, The Clerk (“Individual A”) stated that the filing date was from April | to April 4, 2019, Plaintiff asked Individual A if the BOE would accept Petitions for review. Individual A called Lafayette (“Cal ), who was in an office in the back of the BOE (“Back Office”). Individual A told Lafayette that “Delia is here to submit petitions.” After response by Lafayette, Indi lual A went to the Back Office with the Petitions to speak with Lafayette (“Meeting”). 19. During either the Call or the Meeting, the decision was made by Lafayette, or Lafayette authorized Individual A to take the Petitions. Individual A came without s Petitions and made copies to distribute to Plaintiff. ing a word, stamped the 20. Plaintiff immediately began to hear from community members that the BOE was planning on invalidating every petition that was entered, despite authorizing the taking, 21. Plaintiff went back to the BOE on March 25, 2019 to gather her Petitions and avoid the exact. situation now present, despite the fact that she was under no obligation to do so. 22. On March 27, 2019, eight (8) days after the BOE took Plaintiff's Petitions, Plaintiff received a phone call from Taijan Nelson (“Nelson”) stating that a letter (“Letter”) had been sent on March 25, 2019. (Exhibit 1. Plaintiff requested an electronically mailed copy of the Letter, which was sent by Nelson on March 27, 2019. 23. Citing absolutely no case law, the Letter further stated that the BOE determined that the Petitions ‘were not filed timely, that the dates must be strictly adhered to, and “failure to file a petition in