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AMSTERDAM — Sticker Mule CEO Anthony Constantino is waging a legal counteroffensive against Amsterdam officials in order to get a new pro-Trump sign in the city skyline.
In a lawsuit filed Friday, the company headman requested a negative zoning decision for his proposed rooftop “AMERICA LOVES TRUMP” sign be axed and declared unconstitutional.
Two of three variances for the jumbo structure, intended to replace a similarly-sized “VOTE FOR TRUMP” sign, were passed by the city Zoning Board of Appeals on Jan. 30.
The proposal ultimately fell short.
“I fully expected it to be granted,” said Sticker Mule attorney Salvatore Ferlazzo. “Obviously, we were both surprised and disappointed when it wasn't and that's why we have to file the appeal.”
The Sticker Mule owner was seeking a variance to the city's zoning rules that bar advertising a product not available on the premises. The final vote failed 4-1.
In his new lawsuit, Constantino alleges that the last variance was never necessary because the proposed sign didn’t advertise “any product or service whatsoever.” The message, he contends in his lawsuit, is “ideological, inspirational, and political in nature.”
The 18-page complaint includes causes of action against the city for allegedly violating the First Amendment — the right to free speech — and the Fourteenth Amendment — the right to equal protections for all naturalized citizens.
“The City treated Sticker Mule and the Proposed Sign differently than other similarly situated property owners/applicants with the intent to discriminate against Sticker Mule on the basis of impermissible considerations or to punish or inhibit the exercise of Sticker Mule's constitutional rights, and/or by a malicious or bad faith intent to injure Sticker Mule,” the lawsuit reads.
Both Mayor Michael Cinquanti and Corporation Counsel Anthony Casale have defended the ZBA’s actions in light of Constantino storming out of the variance meeting and blaming officials. Both officials have separately stated that the members of the regulatory panel were acting without prejudice.
Neither of the two responded to a request for comment.
It’s not clear if the lawsuit has yet been served.
This isn’t the first legal skirmish between Constantino and city officials. In the fall, the CEO was slapped with a temporary restraining order for replacing the old “FOWNES” sign with a “VOTE FOR TRUMP” sign without regulatory approval.
That case was tossed out by state Supreme Court Justice Rebecca Slezak in October. Proceedings against the company were moved to Amsterdam City Court where it is currently pending. Negotiations to resolve the “VOTE FOR TRUMP” sign case are currently underway.
The city has proposed slapping Sticker Mule with a hefty fine daily in regards to the “VOTE FOR TRUMP” sign case, according to Ferlazzo.
“The city’s position is $1,000 a day. Our position is that we did nothing wrong,” Ferlazzo said.
In the “VOTE FOR TRUMP” case, Constantino is represented by retired Supreme Court Justice Richard Aulisi and in the “AMERICA LOVES TRUMP” case, he is represented by Ryan Keleher, Mara Afzali and Dominque Albano of Albany-based Bond, Schoeneck & King, PLLC.
Tyler A. McNeil can be reached at 518-395-3047 or tmcneil@dailygazette.net. Follow him on Facebook at Tyler A. McNeil, Daily Gazette or X @TylerAMcNeil.
