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Candidate alleges Town violated his rights; he's suing Edward White, the independent candidate running for S.C. Leg. in the 15th district has filed a notice of claim against the Town of Babylon charging that a Town Bay Constable acted outside the realm of his authority and violated his Constitutional rights. The incident leading to the lawsuit occurred at approximately 1:30 p.m., Sept. 8 at Tanner Park in Copiague. At that time, White was marching in a parade to the park from the Copiague Railroad Station. His truck was in a parking area in the park and had a political sign, "Vote for Ed White" affixed to the top of the vehicle. White, who is running against incumbent Democrat Elie Mystal and Republican Ed Brown, said that he saw Mystal's legislative aide and campaign manager park next to his truck and make a phone call. Town Police arrived at the scene shortly thereafter, and went on to the truck, removed the sign and put it beneath the vehicle. The officer then placed a ticket on the car for illegal parking, White maintains in his papers. "There were numerous other vehicles also parked along the street and they did not receive summones," said White. "The incident is a misuse of the Town's police powers and an intentional attempt to stifle my campaign." "It is illegal to campaign inside a Town park but Ed White thinks he can do it," said Mystal. "My aide reported what he saw, which he recognized as being a violation of the law, and that was it." Mystal said the sign was 8-feet by 10-feet- just the kind of a sign that the Town does not want "flooding our parks and Town areas," he said. "They are distracting, dangerous and inappropriate." "If my client violated any Town code, he should have been ticketed and at most had his car towed," said H. John Bopp of Lindenhurst who is representing White in the lawsuit. "They had no right to go on top of the vehicle, remove the sign and destory it." Bopp said the ticket has been rescinded, but that the issue of "flagrant misuse of power," continues. He plans to file the suit with either the District or Supreme Court within two weeks.
Town officials declined to discuss the matter, citing the litigation.
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