Was Legislator Barnhart Offered 'A Way Out' of the Nicosia Suit?

Nicosia Tells GVO He Offered Barnhart A “non-monetary Settlement” In October Of 2023 But Barnhart Allegedly "Refused."

ROCHESTER, NY - In what appears to be at best an annual event, Nicholas Nicosia, D.D.S. has released a statement to the GVO via his lawyer, Michael Thad Allen, Esq.

The statement, which concerns the infamous 2022 ‘Racist Party’ held at the Nicosia’s residence, elaborates on the details of a related “defamation and tortious interference” lawsuit. Monroe County Legislator Rachel Barnhart, who is Jewish, and the ambitiously-political civil rights attorney, Nate McMurray are the defendants. Nicosia claims he offered Barnhart a “non-monetary settlement” in October of 2023, just 2 months into the legal battle.

The lawsuit is currently pending.

Also pending, is a decision on Monroe County’s potential responsibility to fund Barnhart’s legal defense. Barnhart appears to exhibit behavior that indicates that the County will not cover the costs and is collecting donations. Excess funds will go directly towards future campaigning on Barnhart’s behalf.

Nicosia lays out 3 short statements that if Barnhart would have publicly accepted as her own, would have allegedly allowed her to exit the lawsuit and in turn “would have cost Barnhart (or the Tax Payers of Monroe County) nothing.” The theoretical settlement would require Barnhart to concede that she is not aware of any “direct evidence” of “‘a Juneteenth spoof party,’” and in turn any sexual mockery or violent imagery. Barnhart would also need to name her co-defendant, Nate McMurray as her sole source of those claims, according to Nicosia.

We reached out for comment from Legislator Barnhart but have not yet heard back.

The statement is shown in full at the bottom of the article.

Nicosia intimates his confusion as to why Barnhart “will not retract what it is now clear were open lies spread about me.” Nicosia’s lawsuit cites evidence of Barnhart essentially saying “the same things in public documents” as well as public statements. One example being the transcript of a 2022 appearance on Rochester-based WXXI’s Connections, a neoliberal podcast hosted by Evan Dawson.

During the appearance, Barnhart mistakenly calls a Black firefighter named Jerrod Jones the wrong name. Jones, who Barnhart calls “Arthur,” is McMurray’s client and star witness to claims of racism, sexism and advocacy of political violence at the 2022 party. The claims are recorded in various legal documents, including in a racial discrimination suit from Jones against the City of Rochester.

McMurray is representing Jones in the $5 million lawsuit.

Review

The July 2022 party contained some political imagery including a cutout of Donald Trump. The hosts, the Nicosia’s, say the decorations were of a Republican or conservative nature, their opponents believe they show racist and sexist themes. They also claim the decorations advocate for political violence. There are now several defamation and discrimination lawsuits pending that relate to the matter.

A team of Rochester Firefighters attended the 2022 party at the alleged urging of their crew lead, Captain Jeff Krywry. One of the firefighters, a Black man named Jerrod Jones felt the party theme was anti-Black and sexist, suing the city for discrimination making use of Nate McMurray as his lawyer. McMurray is on the legal team of the Jewish-led Advocates for Justice Chartered Attorneys. Though they are associated, this organization differs from Advocates for Justice proper. Advocates for Justice, the politically oriented 501c3 is also based in NYC and shares similar leadership.

There is strong evidence that suggests Arthur Schwartz, who heads both organizations, created the first draft of the highly racialized and salacious Notice of Claim that began the verbal spats between the parties.

Statement:

“In October 2023, I offered to dismiss all claims against Rachel Barnhart in a non-monetary settlement if she would make the following public statements:

‘I know of no direct evidence that Nicholas Nicosia held a ‘Juneteenth Spoof Party’ at which any actions of the hosts or guests deliberately reduced me to a sexual object, where I was mocked by a stripper, or where I was mocked in some sort of burlesque show.’

‘I know of no direct evidence that Nicholas Nicosia held a ‘Juneteenth Spoof Party’ at which a picture of me was put on ‘spikes’ in a way signifying violence and death.’

In addition, I asked Barnhart to retract her prior statements, which I alleged are defamatory and malicious.  I also asked Barnhart to state publicly: ‘Anything that I have said about the Nicosias’ party of July 7, 2022, I said based on what Attorney Nathan McMurray told to me.’

This would have cost Barnhart (or the Tax Payers of Monroe County) nothing, but she refused.  Yet in her papers, she more or less states the same things in public documents.  The only difference is that she has now (repeatedly) asked the taxpayers to pay for her defense.  I honestly do not understand why she will not retract what it is now clear were open lies spread about me.”

-Nicholas Nicosia via Michael Thad Allen, Esq.