Ex Anti-Bias Task Force chair files $5 million claim against Riverhead Town and council member

Former Riverhead Anti-Bias Task Force chair Mark McLaughlin has filed a notice of claim against Riverhead Council Member Denise Merrifield and the Town of Riverhead, alleging defamation, retaliation for protected speech and discrimination arising from a public dispute over the role and mission of the task force.

McLaughlin is seeking damages estimated to exceed $5 million, according to the filing.

The notice of claim, prepared by attorney Ronald D. Hariri, is a required precursor to a lawsuit against a municipality in New York State. Hariri emailed the Notice of Claim on May 18 to Town Clerk James Wooten.

Town Attorney Erik Howard on May 19 declined comment because, he said, the notice of claim was not properly filed. State law and town code require the notice to be personally served. It cannot be filed by email, Howard said, and therefore had to be rejected. “I look forward to reviewing and thoroughly dismantling any forthcoming claim,” Howard added.

Hariri said he had the notice of claim personally served on May 20. Howard acknowledged its receipt Wednesday evening, but did not respond to a request for comment.

The notice of claim alleges Merrifield made false and defamatory statements about McLaughlin during an April 2 Riverhead Town Board work session and in subsequent communications.

The dispute stems from a widening public conflict over the Anti-Bias Task Force that emerged after McLaughlin resigned as chairperson in February.

RiverheadLOCAL previously reported on disagreements between McLaughlin and Merrifield over the task force’s mission, including disputes involving immigration issues, LGBTQ representation and whether the advisory body should engage in advocacy or limit itself to educational outreach.

In the notice of claim, McLaughlin alleges Merrifield falsely characterized his actions and motives during remarks she delivered at the April 2 Town Board work session.

Among other things, the filing alleges Merrifield falsely stated McLaughlin was attempting to “promote his political agenda under the banner of the Town of Riverhead,” and falsely described his response to concerns about federal immigration enforcement activity as a “call to arms” and political advocacy.

The filing also alleges Merrifield mischaracterized disputes involving participation by LGBTQ groups in the Mosaic Street Fair and Festival and improperly portrayed McLaughlin as seeking authority “without limitation.”

McLaughlin contends the statements damaged his reputation and constituted retaliation for protected speech on matters of public concern, including immigration issues and advocacy involving LGBTQ residents.

The notice of claim further alleges Merrifield, acting in her role as Town Board liaison to the Anti-Bias Task Force, sought to suppress discussion of issues affecting immigrant and LGBTQ community members and retaliated against McLaughlin for attempting to pursue the task force’s anti-discrimination mission.

In addition to defamation claims, the filing alleges violations of New York’s Anti-SLAPP law, First Amendment retaliation under federal civil rights law and violations of the New York State Human Rights Law.

The Town of Riverhead is named in the filing for purposes including potential indemnification and for allegedly disseminating Merrifield’s statements through official channels.

The filing states McLaughlin suffered reputational harm, emotional distress and damage to his civic and professional standing.

McLaughlin served as chairperson of the Anti-Bias Task Force until resigning earlier this year. He previously served as chief of staff to Assembly Member Jodi Giglio and had been publicly aligned with Riverhead Republicans before his break with local GOP leadership over issues involving the task force and public reaction to federal immigration enforcement activity.

A notice of claim is not a lawsuit. Under New York law, it is generally required before a lawsuit may be filed against a municipality or municipal officials.