Defendant files motion to dismiss SMOC charge Saturday, February 16, 2008
D. Craig MacCormack 508-626-4429 Metrowest Daily News
FRAMINGHAM - Town Meeting member Peter Adams yesterday became the last of the 13 defendants to file a motion to dismiss the charges brought against him by South Middlesex Opportunity Council in federal court.

All other defendants - including Town Manager Julian Suso, Human Services Coordinator Alexis Silver, three selectmen, four Planning Board members and three other Town Meeting members - filed their motion a couple of weeks ago.

Adams and his attorney, Gregg Corbo, were given an extension to yesterday.

In the motion, Corbo says Adams is not subject to liability under the Fair Housing Act because he did not incite violence, adding there is no violation of SMOC's constitutional rights through threats, intimidation and coercion. Adams also can not be charged with defamation for giving his opinion, said Corbo.

"This action is nothing more than a calculated attempt to stifle Adams' free speech, hinder public debate which implicates the plaintiffs and institute litigation to prohibit future speech," wrote Corbo in the two-page motion filed yesterday in U.S. District Court in Boston.

In October, SMOC filed a 99-page federal discrimination lawsuit that alleges the group engaged in "a coordinated effort" to run disabled people out of town by limiting the agency's options for its new programs.

SMOC had also filed charges against private citizens Anthony Siciliano and Harold Wolfe in the lawsuit, but dropped those charges last month. The charges against Siciliano were dropped with prejudice, meaning they can't be re-filed.

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