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Three Toms River council members have asked the state Attorney General's Office to investigate a Toms River councilman and a local news site, claiming they are promoting racism and anti-Semitism.
Titolo originale
Toms River council members' Civil Rights action
Three Toms River council members have asked the state Attorney General's Office to investigate a Toms River councilman and a local news site, claiming they are promoting racism and anti-Semitism.
Three Toms River council members have asked the state Attorney General's Office to investigate a Toms River councilman and a local news site, claiming they are promoting racism and anti-Semitism.
COPY
TOWNSHIP OF TOMS RIVER
A Municipal Corporation of the State of New Jersey
33 Washington Street RECEIVED
Toms River, New Jersey 08753 bare ie eppgeeo
(732) 341-1000, Ext. 8213 (Phone) ERSEYCEDARTMT OF
(732) 736-6854 (Fax) LAW AND PUBLIC SAFETY
DIVISION ON Civit. RIGHTS
STATE OF NEW JERSEY
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CIVIL RIGHTS.
MARIA MARUCA, KEVIN GEOGHEGAN,
and TERRANCE TURNBACH, in their official
capacities as members of the Township Council
of the Township of Toms River, a New Jersey
municipal corporation,
Complainants,
v.
VERIFIED COMPLAINT
DANIEL RODRICK, in his official capacity as a
member of the Township Council of the Township
of Toms River, a New Jersey municipal
corporation; and SHORE NEWS MEDIA AND
MARKETING, LLC
(dlbla shorenewsnetwork.com and
www.facebook.com/OCPoliceBlotter),
Respondents.
Pet
ners, Maria Maruca, Kevin Geoghegan, and Terrance Tumbach
(collectively Complainants”), by way of verified complaint against Daniel Rodrickand Shore News Media and Marketing LLC (d/b/a shorenewsnetwork.com and
www. facebook.com/OCPoliceBlotter), allege as follows:
NATURE OF THE ACTION
I. Complainants, a bi-partisan committee of the Township Council of the
Township of Toms River (“Toms River” or “Township”), institute this action to urge
the Division of Civil Rights and the Office of the Attorney General to investigate
and take appropriate legal action against Respondents, a fellow member of the
Township Council and the operator of two Internet platforms, who are accomplices
in an increasingly ugly and incendiary digital effort to exploit latent religious and
racial for personal and political gain.
2, These efforts, usually disguised as or interspersed with seemingly
legitimate reporting or commentary on public issues, exceed the boundaries of
legitimate civil discourse under the First Amendment and offend the fundamental
principles of equality enshrined in the Federal and State Constitutions and various
anti-discrimination laws. Even worse, the insidious messages Petitioners spread on
a daily basis through the Internet and in print not only promote bigotry, but also fuel
the divisiveness that recently has engulfed other parts of the country in violence and
destruction.
3 Several months ago, the Attorney General took strong action to
condemn, and ultimately shut down, another Ocean County-based website, Rise UpOcean County, because of its abject anti-Semitism. This case is far more grievous
because it involves an elected official — bound by an oath to uphold the constitution
and to represent all constituents equally — actively coordinating with social media
allies to disseminate racist and anti-Semitic misinformation to advance his own crass
political agenda. It therefore demands an equally swift and strenuous response by
the Attorney General.
PARTIES
4. Complainant Maria Maruca is an elected member of the Township
Council of the Township of Toms River, a municipal corporation of the State of New
Jersey, with offices located at 33 Washington Street, Toms River, New Jersey,
08753. Ms. Maruca currently serves as Council President.
5. Complainant Kevin Geoghegan is also an elected member of the Toms
River Township Council, who currently serves as Council Vice-President.
6. Complainant Terrance Turbach is also an elected member of the Toms
River Township Council
7. All three Petitioners comprise the Council’s Administration
Committee.
8. Respondent Daniel Rodrick is an elected member of the Toms River
Township Council.9. Upon information and belief, Respondent Shore News Media and
Marketing LLC (“SNMM”) isa limited liability company established and operating
pursuant to the laws of the State of New Jersey.
10. Upon information and belief, Phil Stilton is an individual who is either
the sole or a principal member and an administrator of SNMM.
SNMM owns and operates an Internet website with the URL
wwiw.shorenewsnetwork.com and an associated Facebook page with the URL
www.facebook.com/OCPoliceBlotter.
Upon information and belief, Mr. Stilton also runs the “Say No to
Lakewood Mo” Facebook page.
13. Mr. Rodrick frequently funnels information to, and often contributes to
or authors posts that appear on, these platforms.
14. Both websites essentially serve as the de facto media arm of Mr,
Rodrick’s political operations, through which his divisive, hateful, and bigoted
messages are disseminated,
COUNTS
ANTI-SEMITISM
15, Since 2015, the Toms River has experienced a surge in growth of
residents belonging to the Orthodox Jewish faith2017 Campaign
6. Mr. Rodrick was first elected to the Township Council at the November
2017 general election. Since that campaign, he has exploited the latent anti-
Semitism surrounding that seismic demographic change to advance his political
agenda, both as a candidate for office, and as an elected official.
His campaign literature tells much of the story. In the 2017 campaign
to represent Ward 2 on the Township Council, Mr, Rodrick disseminated numerous
mailers attacking “Lakewood-style development” and accusing his opponent of
taking campaign contributions from “Lakewood developers.”! Lakewood borders
‘Toms River to the north in is home to one of the world’s largest concentrations of
Orthodox Jews. See Appendix A.
18, Speaking in anti-Semitic undertones, Mr. Rodrick’s campaign message
subliminally equated the growth in multi-family housing along Route 9, just south
of the Lakewood border (in the section of Toms River referred to as “North Dover”),
to an infiltration of Orthodox Jews from Lakewood, In fact, the two phenomena,
although occurring almost simultaneously, were entirely unrelated. The multi-
family housing developments were approved and undergoing construction well
‘In the interests of full disclosure, petitioner Kevin Geoghegan was Mr. Rodrick’s
opponent in the 2017 election. Mr. Rodrick defeated Mr, Geoghegan to represent
Ward 2. Mr. Geoghegan won an at-large seat on the Township Council two years
later in the 2019 general election.before increasing numbers of Orthodox Jews began moving into Toms River (around
2015), and were built to satisfy the Township's Mount Laurel obligation. But using
“Lakewood” as code for “Jew,” Mr. Rodrick deliberately twisted these facts to
foment anti-Semitism and cast himself as the candidate that would “keep the Jews
out.”
9. In subsequent campaigns and as an elected official, Mr. Rodrick’s anti-
Jewish bias degenerated from the subtle to the overt.
2019 Campaign
20. In 2019, Mr. Rodrick ran a lurid mayoral primary campaign against
longtime Councilman Maurice B. Hill, Jr. (who would prevail in the primary and
later in the general election to become Mayor) and former Ocean County Prosecutor
Joe Coronoto, Sr, His campaign dripped with anti-Semitism.
21. In wo glossy campaign mailers, Mr. Rodrick — repackaging the same
code language from his prior campaign — tagged Mr. Coronoto as “Lakewood Joe
and accused him of granting amnesty to “Lakewood welfare frauds.” These mailers
depicted images of Orthodox Jews under arrest, seated in court, and appearing in a
criminal photo lineup. See Appendix B. Here again, Mr. Rodrick distorted the facts
to stoke the flames of anti-Semitism. He took Ocean County Prosecutor's highly-
publicized fraud case against certai
Lakewood residents and shifted the spotlight
away from the offense and onto the religious affiliation of the offenders. His obviouspurpose was to divide the electorate along religious lines and rally an extremist bloc
behind his candidacy.
22. Mr. Rodrick waged an even more invidious campaign against Mr. Hill,
stooping even lower to target a specific member of the Orthodox faith, In another
glossy campaign flyer, he explicitly attacked Scott Gartner, a Toms River resident
and local rabbi (and also Mr. Hill’s neighbor) for exercising his constitutional right
to petition the governing body to enact zoning changes that would allow greater
‘opportunities to construct houses of worship to serve the growing Orthodox
community, ‘The ad features Mr. Gartner prominently shaking hands with Mr. HI
(with Mr. Rodrick hovering in the background), using him as a campaign prop tum
this country’s oldest freedom — the right to worship freely — into a wedge issue.
23. On June 4, 2019, a similar Rodrick-style, anti-Orthodox campaign ad,
disguised as a legitimate news article, was posted on SNN. The piece was headlined
Mo Hill Receives Support from Orthodox Synagogue Developer” and specifically
references Mr. Gartner in the body. Beneath the headline was a picture of Mr. H
with a ceremonial yamucha on his head.
24, Disguising incendiary political attacks as legitimate news is Mr.
Rodrick’s calling card. Shortly before the June 2019 primary his campaign
disseminated a fake newspaper entitled the “Toms River Tribune” in which hereprised the attacks against Mr. Hill, Mr. Coronato, and Mr. Gartner described in the
preceding paragraphs.
25. The apparent purpose of this trickery was to paint the Orthodox
community as a threat and again position Mr. Rodrick as the “anti-Jewish” candidate
for Toms River mayor.
26. Finding Mr. Rodrick’s campaign tactics reprehensible, the Township
‘Council voted just days after the primary election to formally censure and condemn
him, This was the
st time (but not the last) in Toms River's history that the
governing body was forced to censure one of its own members. See Appendix D.
Governance
Rodrick has translated
is hate-fueled campaigns into hate-filled
governance. Aided and abetted by SNN and his other social media accomplices,
Mr. Rodrick consistently turns every policy matter into “us versus them” frenzy -
with “them” usually the Orthodox community or some other historically oppressed
or disenfranchised minority.
28. For example, since December 2018 (Mr. Rodrick’s first year on the
Council) the Township has been under an ongoing investigation by the United States.
Department of Justice under the Religious Land Use and Institutionalized Persons
Act (“RLUIPA”) concerning the Township’s land use regulations pertai
ng to
houses of worship. But while the current and prior Mayor and Council have beencommitted to working with the DOJ and religious groups to find an inclusive and
constructive resolution to this matter, Mr. Rodrick has resorted to social media to
spread lies and misinformation designed to foment anti-Semitic opposition to these
efforts,
29. For example, posted on the Stilton-run, Rodrick-affiliated “Say No to
Lakewood Mo” Facebook page is a doctored video of then-candidate Hill saying “I
sold out to the Orthodox Community because | took campaign contributions from
my Jewish neighbors. See
https:// www. facebook.com/SayNoToLakewoodMo/videos/vb.4386897267 1026 1/4
041 18130267722/?type=2&theater (last visited September 30, 2020). Mayor Hill’s
comments were deliberately edited by the page’s administrator to perpetuate the
insinuation that the Mayor was “bribed” and “bought” by Orthodox Jewish
community in an effort to bolster Mr. Rodrick’s political agenda by fueling anti-
Semitic opposition to the Township's efforts to resolve the religious zoning disputes
with the DOJ.
30. Similarly, on September 22, 2020, the Township Council voted 6-1
with Mr. Rodrick the lone dissenter — to enter pre-suit negotiations with the DOJ
to avoid potential federal RLUIPA litigation. Several days later, SNN posted the
following:
sq 28 at 12.28 PML
We are now in posse:
he Department of Justice to "Review our landuse lass" in an attenpt to get the DO! to take act
The DOJ did review those laws once
onder to comply.
habad. That case was
10 be reopened to allow for
‘of worship to 2 acres
The post is rife with inaccuracies, distortions, and absurdities: no specific zoning
ordinance was debated, discussed, or proposed at the September 22 meeting and the
Township did not invite a lawsuit from the DOJ. The DOJ issued a notice of suit on
September 17, based on the results of its second investigation which begin in
December 2018. But this is Mr. Rodrick’s calling card: fabricating tabloid scandals
and feeding them to social media allies to exploit religious bias. Zoning issues
pertairing to houses of worship are a favorite subject of his concoctions.
utine
31. Staying truc to form, Mr. Rodrick, through social media, used a
public land auction to fuel more antipathy toward the Orthodox community. In mid-
summer, the Township Council rejected an offer by the alleged highest bidder for a
parcel of Township-owned land over concerns about the amount of the bid and the
conduct of the public auction. Proceeding on his own fishing expedition, Mr.
Rodrick allegedly traced the highest bid to an LLC affiliated with a member of the
Lakewood Planning Board. From there, either he or his surrogates saturated SNN
and other related social media sites with distorted and inflammatory articles —
headed by pictures of the Lakewood Planning Board, whose members are largely of
10the Orthodox faith — designed to fabricate a “Jewish conspiracy.” See Appendix
E
32. When this matter arose, the following appeared on the “Say No to
Lakewood Mo” Facebook page:
Doe eee ay Pies tet
Cpls pete ceeeeae
Rane enapana eee eee
This post crystallizes Mr. Rodrick’s escalating pattern, from candidate to elected
official, of seeding social media with anti-Semitic propaganda to serve his own
political ambitions.
33. Unchecked, such irresponsible activity inevitably incites bias attacks
against Jews, as occurred recently in Jersey City. Last year in Toms River, Mr.
Gartner, the subject of these photos, had a container of hot coffee hurled at him and
his family while they were walking home from services.
a34. The propagation of hate on social media is a worsening epidemic that
perpetuates chaos, division, and violence. It is even more heinous when an elected
official — bound by oath to uphold the constitution and represent all citizens equally
feeds the contagion and feasts off the destructive results as Mr. Rodrick does.
Il.
RACISM
35. Atthe June 23, 2020, meeting of the Township Council, Councilwoman
Laurie Huryk delivered remarks celebrating recent national and local developments
in civil rights (including the recent decision of the United States Supreme Court
protecting LBGTQ Americans from employment discrimination and the
commemoration of Juneteenth), while also urging against the complacency exposed
by the death of George Floyd and the ensuring social unrest. She praised outreach
efforts by the Toms River Police Department to foster unity and social cohesion.
Finally, citing census data showing that Toms River is demographically less diverse
than both the state and the nation, she advocated ways to make Toms River more
attractive and afforcable to more diverse population. Councilwoman Huryk’s
remarks can be viewed
ine at
ips: tomsriver.viebit.conv/player.php?hash=iky XJwACSE6L).
36. Days late
SNN and other social media sites affiliated with and
supportive of Mr. Rodrick ran numerous articles mischaracterizing Ms. Huryk’s
2comments, accusing her of saying that Toms River was “too white.” See
hup://www.shorenewsnetwork.com/2020/06/24/democrat-laurie-huryk-says-toms-
river-is-too-white-we-need-to-do-better/ (last visited October
2020);
https://www.shorenewsnetwork.com/2020/06/28/is-toms-river-too-white-and-
what-can-we-do-about-it/ (last visited October 7, 2020);
http://www. shorenewsnetwork.com/2020/06/24/democrat-laurie-huryk-says-toms-
river-is-too-white-we-need-to-do-better/ (last visited October 7, 2020).
37. As it was designed to do, the racist spin on Ms. Huryk’s plea for
ity and inclusivity sparked a racist backlash against her. Through e-mail,
conventional mail, and social media, Ms. Huryk received hateful, profane, and
threatening messages which referred to her as a “dumb, stupid bitch,” and a “n***er
lover,” and African-Americans as “rapists,” “savages,” and “criminals.
Appendix F.
38. During her comments at the July 14, 2020, council meeting, Ms. Huryk
defended her remarks, which she stressed were grossly mischaracterized, reveal
iB
the “disgustingly racist” attacks she received in response to the false social media
articles, which she stated made her family feel unsafe.
39. Continuing to fan the flames of racism that its initial articles inspired,
SNN and its affiliated social media outlets ran articles insinuating that Ms. Huryk
fabricated the threats she received. See e.g.,
13huups:/ www.shorenewsnetwork.com/2020/07/30/toms-river-councilman-who-
criticized-towns-racial-makeup-thank ful-for-letters-of-encouragement-and-
support (last visited October 7, 2020).
NEXUS TO SNN AND AFFLIATED SITES
40. A recent incident confirmed Mr. Rodrick is the pipeline to Mr. Stilton,
SNN, and affiliated social media sites that intentionally promulgate fictions and
falsehoods to divide Toms River along racial and religious lines.
41, At the August 25, 2020, meeting of the Township Council, which can
be viewed at hitps://tomsriver. viebit.com/player.php?hash=OhwWz0F 16:24, Mr.
Rodrick was observed and is captured on video photographing a member of the
audience from the dais. That individual later filed a complaint with the Counc
President who ordered an investigation which confirmed by indisputable evidence
that Mr. Rodrick photographed the complainant from the dais and either directly, or
through a surrogate, had those photos posted on the SNN, “Say No to Lakewood
Mo,” and ‘Jackson Township Conservative Republicans, Internet and social media
pages.
42. When confronted with the complaint and the results of the
investigation, Mr. Rodrick freely admitted to his colleagues that he took the photo
and transmitted it to what he described was a “member of the media,” whom Mr.
Rodrick later confirmed to a reporter was Mr. Stilton, the purported owner and
4operator of the “Say No to Lakewood Mo,” and “Jackson Township Conservative
Republicans,” Internet and social med
pages. See Appendix G.
43. This incident confirmed what had always been suspected: that Mr.
Ro
k feeds the Internet hate machine to advance his personal and political
agendas.
44. In response to this incident, the Township Council censured Mr.
Rodrick a third time. See Appendix G.
Til.
ACTION REQUESTED
45. This action was not filed to silence or censor any particular elected
official, individual, or any particular social media outlet from discussing, debating,
or taking public positions (honestly or not) on important public policy issues facing
the Township. This is also not intended to drag the Division on Civil Rights or any
agency of the State Government into a local partisan or political fray.
46. But where, as here, the free exchange of ideas, opinions, and
disagreements, is hijacked — with the support and encouragement, ifnot the direction
‘of, by an elected official — to deliberately foment hostility toward historically
persecuted racial and religious groups for political gain, decisive action by the
Attorney General is warranted. That racism, anti-Semitism, and other forms of hate
infect certain corners of social media is intolerable, That an elected official, like Mr.
15Rodrick, would misuse his office to supply the pathogen and seek to profit from its
I-effects is abhorrent.
47. The corduct of Mr. Rodrick and his affiliates in social media contradict
and undermine the important initiatives, sponsored by both the Attorney General and
the Toms River Police Department, to foster inclu:
y, promote diversity, and
combat bigotry, and, if ignored, portend more chaos, division, and destruction.
48. The petitioners therefore urge the Attorney General to use its legal
authority and superi
r resources to take whatever action against the respondents
determines to be just and lawful.
MARIA MARUCA
KEVIN HEGAN.
fi»
TERRANCE sittin
Dated: October 13, 2020
18VERIFICATION
MARIA MARUCA, of full age, certifies as follows:
1, currently serve as an elected member of the Township Council of the
Township of Toms River.
2. [have filed this petition in my capacity as an elected official.
3. have read this petition and certify that the allegations set forth herein
are true to the best of my knowledge and belief.
4, I further certify that the statements made above are true to the best of
my knowledge and belief and understand that, if any of the statements | have made
are willfully false, we are subject to punishment.
MARIAMARUCA
Dated: October 13, 2020
7VERIFICATION
KEVIN GEOGHEGAN, of full age, certifies as follows:
1. Lcurrently serve as an elected member of the Township Council of the
Township of Toms River.
Ihave filed this petition in my capa
y as an elected official.
3. Lhave read this petition and certify that the allegations set forth herein
are true to the best of my knowledge and belief.
4. | further certify that the statements made above are true to the best of
my knowledge and belief and understand that, if any of the statements I have made
are willfully false, we are subject to punishment
Dated: October 13, 2020
18VERIFICATION
TERRANCE TURNBACH, of fi
age, certifies as follows:
1. T currently serve as an elected member of the Township Council of the
Township of Toms River.
2. Thave filed this petition in my capacity as an elected official.
3. Thave read this petition and certify that the allegations set forth herein
are true to the best of my knowledge and belief.
4. I further certify that the statements made above are true to the best of
my knowledge and belief and understand that, if any of the statements I have made
are willfully false, we are subject to punishment
TERRANCE FURNBACH
Dated: October 13, 2020
as