'Racist Party' Lawsuit Proceeds, Barnhart's Defense Costs Still in Limbo...
More Documents are Being Filed Concerning the Fateful 7 July 2022 Party at the Nicosia Residence. Will the County Cover Legislator Rachel Barnhart's Legal Defense? Catch up, only on GVO.News.
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One of multiple lawsuits hatched in the aftermath of the infamous “Liberal Smashin Splish Splash Pool Party” in 2022 has progressed. A decision is likely on the 21st of February as to who will bear the costs of Monroe County Legislator Rachel Barnhart’s legal defense: herself or Monroe County. Barnhart-who is Jewish- is being sued for “defamation” and “tortious interference” along with prominent local Attorney Nate McMurray by one of the party hosts, Nicholas Nicosia.
The July 2022 party contained some political imagery including a cutout of Donald Trump. The hosts, the Nicosia’s, say the decorations were of a Republican or conservative nature, their opponents believe they show racist and sexist themes. They also claim the decorations advocate for political violence. There are now several defamation and discrimination lawsuits pending that relate to the matter.
A team of Rochester Firefighters attended the 2022 party at the alleged urging of their crew lead, Captain Jeff Krywry. One of the firefighters, a Black man named Jerrod Jones felt the party theme was anti-Black and sexist, suing the city for discrimination making use of Nate McMurray as his lawyer. McMurray is on the legal team of the Jewish-led Advocates for Justice Chartered Attorneys. Though they are associated, this organization differs from Advocates for Justice proper. Advocates for Justice, the politically oriented 501c3 is also based in NYC and shares similar leadership.
There is strong evidence that suggests Arthur Schwartz, who heads both organizations, created the first draft of the highly racialized and salacious Notice of Claim that began the verbal spats between the parties.
On 1 February, Nicholas Nicosia, co-host and second-generation owner of Nicosia Dental offered the court some additional materials that his team feels puncture a particular party narrative. Namely, that of a purported Barnhart look-alike being mocked in a sexual manner. Photos and sworn affidavits from attendees and witnesses to either the party itself, or the time in between the departure of the guests and removal of decorations are in the new filings.
These filings relate to the lawsuit in general as well as the tabled motion to either confirm or deny Barnhart a publicly funded defense.
Nicosia’s team has also requested the compelled testimony of several direct witnesses and the “defendants’ communications with each other [Legislator Barnhart and Nate McMurray] concerning the July 7, 2022 patio party and the August 11, 2022 hate crime hoax.”
McMurray is the second defendant in the lawsuit from Nicosia.
The Nicosia’s are White and occupy a “historic” home which they claimed to have purchased in order to restore it. This would be their second such endeavor in maintaining historic Rochester.
Nicosia’s team reiterated to the court of what is at a minimum, Barnhart repeating the story to the media after protestations of its’ falsehood by the Nicosia’s. This assessment does not require a decision on either party’s honesty.
Nicosia went further, citing these issues in support of his opposition to paying her defense as a taxpayer.
The alleged attendee’s wig bears strong resemblance to Barnhart’s own red hair. The clothes seem to be as described; “not provocative or erotic, nor even particularly close-fitting.”
Under the circumstances, Rachel Barnhart’s lawsuit against Monroe County for legal defense costs does not appear unusual. In fact, Barnhart was advised to do so by the County itself when her request for a County-funded legal defense from Nicosia’s suit was denied.
Barnhart’s lawsuit was highlighted by local media when County Executive Adam Bello conducted a focused reelection ad campaign shortly before voting would begin. Bello connected the Nicosia’s to his Republican opponent, Mark Assini, implying Assini is “unfit to be County Executive.”
The Nicosia’s did not wish to comment, but did however, comment on several minor details regarding related events-past in a separate article by the GVO. Mary Znidarsic-Nicosia also filled in the GVO with details concerning their personally funded historical restorations projects.
On 10 February, the GVO reached out to Barnhart via email and did not hear back in time for a response.
Court will, as previously mentioned, reconvene on 21 February.