Yaede settles lawsuit and sticks Hamilton with $40K tab
Former Mayor Kelly Yaede keeps piling up the Ls, and the township keeps paying for her missteps.
Last week, a federal judge ordered Yaede reinstate her deactivated official Mayor Kelly Yaede Facebook page after she was sued by animal activists and residents who were banned or blocked for making critical comments of her handling of the township animal shelter.
The animal shelter debacle resulted in criminal charges against two members of Yaede’s inner circle, former health officer and health director Jeffrey Plunkett and ex-shelter supervisor Todd Bencivengo. Bencivengo resolved the case for pretrial intervention while Plunkett’s case is still pending.
U.S. Magistrate Judge Tonianne Bongiovanni ordered former page administrator Michael Sabo to restore the page and the comments that were taken down, and it must remain online for two months.
The judge decreed that Team Yaede must add a disclaimer to the page stating, “This page is for viewing only. No comments may be added to the page. Therefore, no one shall be individually banned or blocked.”
The township — not Yaede — is also on the hook for $40,000 in attorney fees, according to a copy of the settlement obtained by The Trentonian. That doesn’t include the fees for the attorney who defended Yaede in the litigation.
Plaintiffs Lilas Borsa, Mark Van Wagner and Terry Peifer sued two years ago, saying Yaede violated their First Amendment rights to freedom of expression.
The litigation mirrored a court battle involving President Donald Trump, who was slapped down by a federal judge for illegally blocking a Twitter dissenter.
Richard Gutman argued the ex-mayor’s social media page was a governmental forum since she posted and discussed issues related to her official duties.
“I think it’s a victory for the First Amendment,” Gutman said.
Borsa said the settlement gives a “voice to the voiceless, in this case, the animals,” adding that Yaede pushed for a “non-disparagement clause,” which was nixed.
Per the settlement, the plaintiffs must serve a letter with a copy or the judge’s order on Sabo within seven days.
The Hamilton Pulse publisher and political operative must work with the parities to restore the page within a couple weeks as long as there aren’t objections requiring judicial intervention.
Gutman has until Tuesday to serve Sabo with the letter and order.
“There’s no problem,” Sabo told The Trentonian on Monday. “This is the rule of law. Of course I’m going to comply with it.”
Sabo took down the page last year after being painted as a liar by Dennis Pone, the chairman of the Hamilton Township Republican Committee.
Pone denied associations with the Hamilton Spotlight blog after records surfaced showing the township committee political action committee (PAC) paid off Sabo for using his photo of council president Jeff Martin on the blog site.
The Yaede-run blog attracted the attention of Mercer County prosecutors after Team Yaede published the expunged criminal records of GOP challenger and township gadfly David Henderson.
Yaede and ex-campaign manager Dan Scharfenberger had disorderly persons charges thrown out. Henderson sued the township alleging a Yaede-led conspiracy.
Yaede was voted out of office last year, and Democratic Mayor Jeff Martin was sworn into office Jan. 1.
Yaede’s missteps in office are coming back to haunt her, as the township has also demanded she repay $5,000 in township funds that she used for a retainer for defense attorney Robin Lord to defend her in the Expungegate case.
Martin did not immediately respond to a phone call seeking comment on the settlement, forcing taxpayers to take the hit for another disastrous Yaede decision.
Yaede has since landed a job as the PR flack for Old Bridge Mayor Owen Henry, a fellow Republican.
She did not return a phone call seeking comment on the settlement and has blown off a request sent to her official Old Bridge account to provide her salary with the township, which is required to be made publicly available.