Government

Aquebogue attorney files notice of claim for potential $10M lawsuit against Riverhead Town

Aquebogue resident and local attorney Ronald Hariri — who was escorted out of a Riverhead Town Board meeting by police last month — has taken the first step to filing a $10 million civil lawsuit against the Town of Riverhead and multiple town officials for allegedly violating his constitutional rights.

Mr. Hariri, 67, filed a notice of claim on Nov. 8, the day after he was escorted out of Town Hall at Supervisor Tim Hubbard’s request after he criticized Mr. Hubbard’s leadership and “decades of poor decisions” during a public hearing. Any person who wishes to engage in a civil lawsuit against a local government agency must file a notice of claim within 90 days of the alleged misconduct or negligence, according to state law. 

Mr. Hariri seeks monetary, compensatory and punitive damages from the town totaling $10 million, and also named Mr. Hubbard, the Riverhead Police Department, police Capt. Danielle Willsey and officer Andrew Waski in several claims, including unlawful seizure, First Amendment violations, excessive force, false arrest, negligence and induced emotional distress. Since the Nov. 7 meeting, Mr. Hariri said, he and his 70-year-old partner Colleen O’Brien “fear retribution. 

“I was terrified,” he said. “Tim Hubbard has been disrespectful to a multitude of our citizens — it’s part of a pattern, and I think what’s outrageous is that he’s weaponized police to silence opposition.” 

While some residents voiced support for the town’s preliminary 2025 budget at the Nov. 7 public hearing,, many others, including Mr. Hariri, expressed their dissatisfaction with the town’s financial decisions and management. 

Mr. Hubbard asked Mr. Hariri to step away from the podium after he called the supervisor “an absolute disgrace,” but he refused. Before he was ushered out by police, Mr. Hubbard asked for the audio to be muted and the livestream video of the meeting to be turned off. Those watching the broadcast remotely could not see Mr. Hariri being escorted from the room, only a screen that read “Technical Difficulties: Please Stand By.”

“The Town Board meetings [are] not going to be circus acts anymore. If you come in here and you decide to act like a clown, act like a circus, you will be removed,” Mr. Hubbard said, addressing the incident at the end of that meeting. “If you can’t come to the microphone and be respectful and civil, stay home. It was sad what happened and it’s unfortunate someone had to be removed, but it won’t be tolerated.” 

Charles Balvin, Mr. Hariri’s attorney, stated in an email to Riverhead town attorney Erik Howard, obtained by the News-Review, that Mr. Hubbard “barred Mr. Hariri” from Riverhead Town Hall after “forcibly removing him from the podium with multiple armed Riverhead police officers and ejecting him” from the building. Mr. Balvin asserted in the email that Mr. Hariri has since been “prevented access” to Town Hall for any purposes, including speaking at other public town-related meetings. 

In his email response, Mr. Howard said Mr. Hariri “has not been prohibited from entering Town Hall for any legitimate purpose and there exists no order, memorandum or other directive to that effect.”

Mr. Howard’s email continued by citing Mr. Hariri’s “disruptive, abrasive” demeanor and “lack of professionalism, decorum and maturity” as reasons for his removal. He said Mr. Hariri received “multiple warnings” before he was asked to remove himself from the meeting, which he failed to do.

He claimed in the email exchange with Mr. Balvin that Mr. Hariri has been warned and removed from Town Board meetings in the past due to similar behavior.

Mr. Howard did not respond to a request for comment before press time. 

Riverhead Town Board rules state that “no member of the public shall engage in any disruptive demonstration or otherwise disrupt the formality of a Town Board meeting.”

Mr. Balvin also argued that Mr. Hubbard’s direction to turn off the livestream video and audio of the meeting was in violation of New York State Open Meetings Law

Regarding videoconferencing, the town code states that, except for executive sessions, Town Board members must ensure they are “heard, seen and identified while the meeting is being conducted.” This includes being on video when any motions, resolutions, proposals and other matters are discussed or voted on. 

In a previously published Letter to the Editor to the News-Review, Mr. Hariri further discussed the issues he brought up at the meeting, including the Town Board’s “reckless spending, overdevelopment, agri-tourism and favors for GOP donors like the Town Square.” He and his attorney have more than a year to file a formal lawsuit, but say they plan to do so in the next couple of weeks. 

“I think these were very, very legitimate concerns that we have about the budget and years of not properly handling the town’s finances,” Mr. Hariri said. “We should not pay the price for Tim Hubbard’s mismanagement.”