What Is a Legislator? An Appeals Court Just Reminded Adam Bello.
The court protected the role of a legislator—and your voice in government.
I won.
A New York State appeals court unanimously rejected1 County Executive Adam Bello’s attempt to restrict and redefine the role of a legislator.
If Bello had succeeded, how democracy functions would have been dramatically altered in this state. It would have chilled free speech, undermined checks and balances, and empowered executives to silence dissenting voices.
I was forced to sue Monroe County after Bello denied me a legal defense in a frivolous defamation lawsuit. Dentist Nicholas Nicosia sued me over comments I made at a press conference defending Rochester firefighter Jerrod Jones. You may remember Jones was compelled to attend an alleged “Juneteenth spoof party” at Nicosia’s house while on duty. The party featured buckets of fried chicken and mocking attacks on liberal politicians—including a red-wigged impersonator of me and a cornhole game targeting my face and Councilmember Mary Lupien’s. Both the firehouse and the party were located in my district.
The County Executive argued that because I spoke at the press conference outside of a formal legislative meeting and spoke on a matter involving city business, I wasn’t acting in my official capacity—and therefore wasn’t entitled to a defense.2 That is a dangerous and dishonest interpretation of the role of a legislator.
Being a legislator isn’t a part-time job confined to several meetings a month, nor are legislators limited to county-specific issues. It’s an ongoing commitment to advocacy, accountability, and public service. Legislators speak out, organize, investigate, and defend the public interest—in and out of the chamber, on issues that cross jurisdictions. State Supreme Court Justice James Vazzana ruled in my favor3 and the appeals court agreed.
This wasn’t just a fight over legal fees. It was a fight for every elected official’s right to speak out without fear of being punished for doing their job.
In the April 7 hearing,4 the judges seemed incredulous that this case even made it to their courtroom. In their ruling, they noted:
“Addressing public concerns, supporting constituents, and calling for official investigations, regardless of the specific municipality performing the investigation, are functions of a legislator.”
The case law was firmly on my side from the start. There was never a chance Bello would win.5 Yet I was still forced to rack up legal fees to defend not just myself, but the very principle of what it means to serve in public office. Even after losing in court, the County doubled down with an appeal—costing me more time, more stress, and more money.
I can’t recover the legal fees6 I was forced to spend just to compel the County to do what it was legally obligated to do from the beginning: defend me in the defamation case. That burden is mine alone, despite acting fully within my rights and responsibilities as an elected official. I suffered real harm because of Adam Bello’s retaliatory actions—driven by the fact that I consistently do my job and hold the executive branch accountable.
And it gets worse.
Had Monroe County defended me from the start—as it should have—the case likely would have been dismissed outright. The plaintiff would have missed the deadline to name the County as a defendant. But because Bello refused to provide a defense, that safeguard didn’t apply, and the case was allowed to proceed.
In his effort to punish me, Bello cost taxpayers even more money. His political grudge became a public expense.
This is not how government is supposed to work.
In the end, Nicosia’s lawsuit was thrown out. It had no merit. But the damage was done.
There’s no doubt in my mind Nicosia would have stood down if he knew he wasn’t inflicting personal harm—on a politician his house party had already mocked. It was never about justice. It was about sending a message.
And I was singled out. Other elected officials at that press conference said the same things I did—based on Jerrod Jones’ notice of claim. But I was the one targeted. I was the one dragged into court. I was the one Bello refused to defend.
That’s no coincidence. It’s harassment—and it was enabled by the highest levels of county government.
My attorney and I are now exploring legal options to make me whole through potential action against Nicosia. Perhaps, through that process, taxpayers can also recover money they never should have had to spend. I don’t yet know what the next steps will be—but I’m relieved this chapter is behind me. And because the court’s decision was unanimous, Bello cannot appeal.
What matters most is the precedent: elected officials can continue to speak out without fear of personal financial ruin. We can—and must—fearlessly advocate for our constituents. That is a vital part of our democracy. And thanks to this court ruling, it remains protected.
Here is the ruling. (Some people missed the hyperlink.)
You can read all of the legal filings here. In the appeal, my attorney Michael Higgins wrote a beautiful defense of the role of a legislator in our democracy.
You might be wondering why I’m singling out Bello and not County Attorney John Bringewatt. Bello is Bringewatt’s boss, and I’m confident Bringewatt knew he had no shot and was following orders. That doesn’t speak highly of Bringewatt, but the buck stops at the top.
The portion of the legal fees that I am responsible for covering is likely $5,000-$7,000. I haven’t received the final bill. I can use campaign funds, which I think is a good way to do it, as the donors are publicly disclosed. If you are so inclined, here is the link to donate. I’ve raised about half of what I need. Anything left over will be used for regular campaigning.