Appeals Court Rules Unanimously for Rachel Barnhart in Dispute With Monroe County Executive

A New York State appeals court on Monday unanimously ruled in favor of Monroe County Legislator Rachel Barnhart, siding against County Executive Adam Bello in a dispute over legal protections for elected officials.

Former RFD Firefighter Jared Jones at a press conference August, 2022. The city of Rochester paid Jones $150k plus four years salary to settle a lawsuit regarding a Juneteenth spoof party.

The decision stems from a 2022 defamation lawsuit filed by Dentist Nicholas Nicosia after Barnhart defended Rochester firefighter Jarred Jones, who said he was forced to attend an allegedly racist "Juneteenth spoof party" at Nicosia’s home while on duty.

According to Jones, the party featured offensive depictions of Black culture, including fried chicken and watermelon displays, Juneteenth flags being used in a mocking manner, and partygoers wearing afro-style wigs and making derogatory remarks. Jones, who was a probationary firefighter at the time, said he felt humiliated but feared retaliation if he left or spoke up.

In the wake of Jones' allegations, Barnhart spoke publicly at a press conference, calling attention to what she described as a disturbing example of racism within the community. Nicosia later filed a defamation suit against her, claiming her comments damaged his reputation.

When Barnhart requested legal representation from the county, Bello’s administration refused, arguing that her comments fell outside the scope of her official duties. Barnhart sued Monroe County in response.

In a strongly worded ruling, the Appellate Division of the Fourth Department found that Barnhart’s actions were well within her responsibilities as a legislator, affirming that elected officials have broad authority to advocate for constituents and address matters of public concern.

"The court made clear: being a legislator is not confined to attending meetings," Barnhart said in a statement. "Legislators are elected to speak out, investigate injustice, and defend the public interest—and we don’t need the County Executive’s permission to do our jobs."

Barnhart criticized Bello’s refusal to provide her legal defense, calling it retaliatory and costly both to her personally and to taxpayers. She said the county’s initial stance allowed Nicosia’s lawsuit to drag on unnecessarily, incurring additional legal expenses.

"This case was never about legal technicalities," Barnhart said. "It was about power, retaliation, and silencing a dissenting voice."

Because the court’s decision was unanimous, Bello cannot appeal. Barnhart and her attorney are now exploring options to recover legal costs, including potential reimbursement for taxpayers.

In a statement Monday afternoon, a spokesperson for Bello’s office said the administration was reviewing the ruling and had no immediate comment.

Barnhart, a Democrat who was elected to the Monroe County Legislature in 2019, has been an outspoken advocate on issues of racial justice, government accountability, and transparency.

The full court decision is available below. Barnhart also published her reflections on the ruling in a Substack post.