A state Supreme Court justice has dismissed a defamation case brought by dentist Nicholas Nicosia against Monroe County Legislator Rachel Barnhart.
The complaint, filed August 2023, alleged that Barnhart and attorney Nate McMurray had perpetrated a “hate crime hoax” against Nicosia and his wife, Mary Znidarsic-Nicosia. McMurray had represented Jerrod Jones, a Rochester firefighter who allegedly was taken by his captain while on duty to a Juneteenth parody party in July 2022, at the Nicosias’ residence on East Avenue.
The party, dubbed the First Annual Liberal-Smashin Splish-Splash Pool Party, had allegedly featured Juneteenth flags, served Kentucky Fried Chicken, and had a performance from a burlesque dancer dressed as Barnhart.
McMurray and Barnhart later spoke at a press conference where they levied allegations of discrimination against the Rochester Fire Department and the Nicosias.
It's really easy to cancel the Nicosias.
— Rachel Barnhart (@rachbarnhart) August 12, 2022
It's a lot harder to ask the questions and get the answers we need regarding first responders at their party.#ROC
The lawsuit now continues entirely in regard to a single post McMurray made on X, formerly Twitter. In that post, he referred to Nicholas Nicosia as an “open racist” and asked organizations affiliated with the couple were going to do in response to the party.
Justice Joseph Waldorf, in his decision, wrote that Barnhart’s public statements at the press conference were simply repeating language already used in a notice of claim against the Nicosias. Likewise, her social media posts were determined to be “non-actionable opinion or rhetorical hyperbole.”
"I've been harmed for doing my job as a legislator,” Barnhart said. "I stood by a Black firefighter who said he witnessed a Juneteenth spoof party, and he's never wavered from his story. As a result, I was sued and falsely accused of perpetrating a hoax. A lawsuit that made headlines around the world and dragged my name through the mud.”
Barnhart had also sued County Executive Adam Bello due to the administration’s refusal to provide legal representation to Barnhart in the case. Barnhart won that case in April, and said she is now asking the court to order Nicosia to cover those bills.
Nicholas Nicosia, in a lengthy statement provided to WXXI News, reaffirmed that the allegations against him were false.
“Despite suffering a partial defeat in the court on a legal technicality, it is my hope that I have contributed to preventing this from happening to anyone else,” the statement reads. “Unfortunately, the time and resources I have spent on this lawsuit came from resources I would have used to benefit the Rochester community and charitable services as I have always done.”
