InsideLowell has learned that Lowell School Committee member Dominik Lay has followed through with plans to file a Civil Rights suit over efforts in 2021 to deny him a seat on the committee.
A source within the local legal community, but not connected to the litigation or the battle over Lay’s residency that precipitated the drawn out legal battle, sent InsideLowell a copy of the suit over the weekend.
The suit, filed last Thursday in U.S. District Court Boston (Eastern) Division by Lay’s Attorney Roland Milliard, names the City of Lowell as defendant, along with former City Solicitor Christine O’Connor, former Assistant Solicitor Elliott Veloso and former Assistant Solicitor Nicholas Anastasi. All three are named individually and in their official capacities with the City at the time.
The suit also names current Election Commission Chair James Pope, former Election Commissioners Beverly Anthes and Zoe Dzineku, and former City Manager Eileen Donoghue in their official capacities.
InsideLowell first reported on the potential litigation on September 2, 2023.
The eight count action seeks a combined total of $5.6 million in damages. It alleges Lay was denied “equal protection of the laws guaranteed by the 14th Amendment to the United States Constitution and that the effort to deny him a seat on the School Committee was “without cause” and “was not instigated in accordance with the laws.”
The ongoing legal battle between the two sides began in February of 2021, when Robert Hoey stepped down from the School Committee. Lay was next in line to fill that seat, based on his election finish. However, under the leadership of Solicitor O’Connor, the city questioned Lay’s eligibility to serve based on questions regarding his residency.
Lowell’s Election Commission agreed with O’Connor, denying him the seat. Lay was eventually successful in reversing the decision in a series of court victories. Eventually, the City swore him into office in May of 2021.
Neither Lay nor Milliard responded to request for comment.
One response to “Lay Files Civil Rights Suit Against City and Seven Individuals”
The most damning evidence is the Admission by former Solicitor O’Connor that there was no complaint made to challenge Lay’s ability to serve on the School Committee. This means it was a witch hunt initiated by the Solicitor’s Office and the subordinates will have to decide whether to plead ignorance or “just following orders.”
M.G.L. c. 51, §47B provides, “If at anytime subsequent to the registration of a voter the registrars have probable cause to believe that the voter has made a false statement in his affidavit of registration, they may prepare a complaint setting forth the basis for their belief, and summon the voter to appear before the in the manner set forth in section forty-eight. They shall examine the voter and determine his qualifications to vote in the manner set forth in section forty-nine.” The record and the submissions of the parties fail to show a complaint initiated by any of the Defendant Election Commissioners.
An alternative method to question a voter’s status is provided by M.G.L. c. 51, §48, “Upon complaint signed and sworn to h a registered voter and filed with the registrars at least fourteen days in a city, or at least four days in a town, before a primary, election or town meeting, stating that the complainant has reason to believe and does believe that a certain person by him therein named has been illegally or incorrectly registered, and giving the reasons for such belief, the registrars shall examine into such complaint and, if satisfied that there is sufficient ground therefor, they shall summon the person complained of to appear before them…”
With both the Commissioners stating that no complaint had been filed by them and the City Solicitor admitting, when required by the Court, that no complaint had been filed by a registered voter in the City of Lowell, we have a clear issue of a Rogue Solicitor’s Office attacking a duly elected city official and using her minions (remember, the election commission works directly for the Solicitor) to carry out a political hit-job.