Hoboken resident Lane Bajardi and wife Kimberly Cardinal Bajardi filed the lawsuit on July 26 in Hudson County Superior Court seeking $2 million in damages, naming bloggers Roman Brice and Nancy Pincus as well as 10 unnamed defendants – listed in the court documents by their on-line screen names – for allegedly posting repeated remarks that allegedly interfered with the business practices of the Bajardi family.
Lane Bajardi is employed by WINS 1010 and has been a radio reporter for many years.
The posts also made reference to the couple's child, who is a minor. The posts about the child can still be found in the comments section of a local news web site and were under an article unrelated to the Bajardis.
Pincus maintains a blog as the Grafix Avenger but is also a member of the Hoboken Zoning Board, allied with City Hall.
The suit alleges that Pincus contacted Bajardi’s employer by email in January of 2012 claiming that he spreads “bigotry and intolerance” in Hoboken as an political operative.
The comments on the child were left in the comments section of the news web site Hoboken Patch. Someone posting as the "Grafix Avenger" posted the same comments about the child on Friday, Jan. 27 at 7:37 a.m., and then again at 8:10 a.m., and then at 9:18 a.m.
The comments were left after an article about Mayor Dawn Zimmer's state of the union address.
Pincus and Brice frequently post pro-City Hall stories on their blogs and negative posts against the administration's critics, including the Bajardis. The Bajardis are said to be supporters of one of Mayor Zimmer's most vocal political critics, Councilwoman Beth Mason.
The lawsuit also included an online letter to the FBI from Pincus' blog, in which Pincus said she would like to shoot someone -- an act she later called satire.
The Grafix Avenger blog has also accused the Bajardis of numerous crimes, referenced the street where they live, and in a recent post, published what the blog said was a photo of the Bajardi's residence in downtown Hoboken.
The suit claims that Pincus, Brice and other unnamed defendants routinely posted comments that “inflected emotional distress” on the couple.
Pincus was asked to step down from the Zoning Board last year by Councilman Tim Occhipinti after she made the post about wanting to shoot someone. The issue became public after Pincus was visited by police. At the time, Pincus said the letter was satire, and noted that among the other items in the letter was the use of the Vulcan Death Grip – a reference to a fictional science fiction martial arts from the Star Trek TV show.
This week, Pincus refrained from comment on the story except to say that it was an attempt to curb free speech.
Brice has posted a similar comment on his blog, calling the suit a SLAPP suit, which is a lawsuit designed to use litigation to silence critics.
Pincus also was the focus of controversy in which she was accused of using Nazi images to depict political enemies – a charge she refuted, but she eventually offered an apology to a state Jewish group. She said that the post in question was satire. Pincus is Jewish.
In 2010, Brice accused Lane Bajardi of allegedly assaulting him and taking his camera during a Board of Education candidate’s forum. Bajardi filed a counter complaint and the matter was eventually dropped.
The suit said false and defamatory comments concerning the Bajardi couple were also posted under pseudonyms Bet Mazin, KlaussennFluffer, InfortainMe, SmartyJones, BludDiamonds, JAM, Redrider765, Plywood, Davidd, ss1959, Hobbs, and others.
Dozens of posts against the Bajardis can be found on the blogs and on the internet.
Mayor Dawn Zimmer has said in the past that Hoboken's pro-Zimmer bloggers do not speak on her behalf.
Last week, she was asked if she had any comment about the suit, and about the fact that one of the named bloggers was on the Zoning Board. She responded, "I don’t really know about the litigation so I don’t have any comment. I couldn’t possibly comment on something that I haven’t seen. Plus, it doesn’t involve me so I don't think it's really appropriate for me to comment on it."
News stories about the lawsuit only hit the media over the weekend.
With the 2013 mayoral election coming up, the issue is likely to become more heated, as are the internet comments.
For several prior Hoboken Reporter stories on the blogs and matters related to them, see links below.
For more on this story, keep watching hudsonreporter.com; and read the print edition of the Hoboken Reporter this weekend. Leave comments below or e-mail letters to editorial@Hudsonreporter.com.







But it's hard to take the lawsuit seriously as a straight up personal defamation matter. I'd be really interested to see the plaintiffs back up their claim they 'aren't political operatives' and 'never comment online'. That has to be a *very* creative interpretation of the truth. But I guess the idea is really to bludgeon anti-Mason bloggers into silence, and again I bet it's a very creative intepretation of the truth to say Beth Mason isn't financially backing this one way or another. But the whole thing will probably be dropped short of us finding out the juicy stuff.
The court will decide if it has any merit.
The typical SLAPP plantiff does not expect to win the lawsuit. The plantiff's goals are accomplished if the defendant sucumbsto fear, intimiation, mounting legal costs or simple exhaustion and abandons the criticism. A SLAPP may also intimadate others from participating in th debate.
SLAPP's take various forms but the most common is a civil suit for deformation.
There is a lot of speculation out there about her relationship with the bloggers in question.
The interesting thing about litigations is that they involve the presentation of evidence not speculation. Often litigations don't go quite the way the plaintiffs intended. Just ask Mrs. Mason about her OPRA lawsuit that narrowed the scope of the public's rights by being so abusive that theSupreme Court created a "fishing expedition" exception" thanks to Mrs. Mason.
I wonder if the Bejardis have told their own lawyers the truth about the nature and extent of their political activities? Being dishonest with one's lawyers is extremely unwise. It would truly be unfortunate if the Bejardis were not forthright with their own lawyers and that resulted in problems for everyone concerned.
The hr story reached out to Pinkus and also talked to Zimmer. That all seems less important anyway. The paper typically follows up in their weekend print paper with more, so we will see if the pattern happens this weekend and they give us more to read about this case. This story had a lot of good detail and I am surprised that all of this was going on. Some of these people spend too much time on the internet defending their political masters.
http://thehobokenjournal.blogspot.com/2012/08/breaking-news-lane-bajardi-and-wife_12.html
http://thehobokenjournal.blogspot.com/2012/08/breaking-news-lane-bajardi-and-wife_12.html