Queen’s Republican City Councilor Vickie Paladino of the Queens District filed a lawsuit in state court on Monday, March 9, attempting to block the New York City Council’s disciplinary action against her for comments she made on social media regarding Islam. She argued in the lawsuit that her comments are protected under the constitution’s freedom of speech and are unrelated to her duties as a city council member.
The 71-year-old Paladino requested in the complaint submitted to the New York State Supreme Court that the judge order the City Council to refrain from holding a hearing or imposing any penalties on her based on the charges brought by the Ethics Committee last week.
The lawsuit stated, “The City Council is trying to set a dangerous precedent for all legislators – if we do not like your speech, we will take action against you.” Allowing this practice could have a chilling effect on legislators’ speech and political advocacy, particularly affecting Republicans and independents.
The controversy arose from a post Paladino made on social media on February 17, where she criticized Mayor Mamdani for appointing Ali, a Muslim, as the head of New York City’s Office of Immigrant Affairs. Paladino wrote at the time: “New York is under foreign occupation, there’s no other way to put it.” and questioned if the city government still had “real Americans.”
City Council Speaker Manning responded on social media, stating that the comments were “Islamophobic and highly offensive.”
The Ethics Committee of the City Council accused Paladino last week of “disruptive behavior” and violating the Council’s anti-harassment and anti-discrimination policies. The Ethics Committee requested Paladino to submit a written response within five days, following which they may schedule a hearing for her.
According to City Council rules, if the Ethics Committee takes further action, the entire Council can vote to censure, fine, or even expel a member with a two-thirds majority support.
Paladino’s lawsuit is being presented by attorney and former New York City mayoral candidate Jim Walden. The complaint argues that the City Council’s actions violate Paladino’s freedom of speech rights under the First Amendment of the U.S. Constitution.
Walden wrote in the documents that defining comments found actively searched by employees on the third-party social media platform X as “harassment” turns workplace anti-harassment policies into a system of censorship. He also pointed out that some Democratic City Council members have made racially or controversial remarks without facing formal ethical charges.
Paladino stated on the X platform on March 9 that she had already been to court that day, the judge was “quite astute,” and the case would be expedited; a hearing regarding the restraining order is scheduled for April 7. She wrote, “I do not need to formally respond to the charges from the City Council before the judge rules on the injunction.”