Resident Appealing Dismissed Lawsuit Against Weymouth

WEYMOUTH, MA — A resident whose civil rights lawsuit against the town was dismissed by a federal judge is appealing the decision.

In March, Magistrate Judge Jennifer Boal ruled that no ongoing threats to the rights of former mayoral candidate Robert Montgomery Thomas exists. Thomas filed the suit in February 2016 and accused a town employee of violating his rights because he went to his property and took down a campaign sign.

Thomas is now appealing that decision, arguing that the court can only guarantee that his rights won’t be violated if the ordinance is ruled unconstitutional, according to the Patriot Ledger.

Thomas alleges that on Aug. 4, Town Clerk Kathleen Deree approached him at his car near a polling location and told him his large sign on top of his car for the Proportion 2 1/2 override vote violated town ordinances. Three days later, Deree allegedly left two messages for Thomas, telling him the signs for his mayoral campaign on his porch violated town ordinances because political signs can only be displayed within 35 days of an election. The Building Inspector was sent to the house and put the signs face down, the lawsuit said.

The town did not question the facts of the case, but argued that actions violating Thomas' rights ended, as did the potential for future damage.

Image via Shutterstock