Judge: Personal criticisms of GOP chairman ‘fair game’

A Superior Court judge ruled Monday, Sept. 22 that public criticisms of Sussex County Republican Committee chairman Joseph Labarbera’s domestic conduct do not violate New Jersey’s Violence Assistance and Survivor Protection Act (VASPA).

Judge Thomas Critchley denied a request by Labarbera’s wife, Danielle, that final protective orders be issued against Sussex County Commissioner Bill Hayden, Sussex Borough Mayor Robert Holowach and former Sussex County GOP vice chairwoman Barbara Holstein.

“It appears that there is a substantial First Amendment issue presented here,” the judge said. “For the most part, what was communicated was about the general notion that Mr. Labarbera should be removed from his political position because he may have misstepped domestically. It does not appear to have been a campaign to attack Ms. Labarbera but someone else.”

Danielle Labarbera obtained temporary VASPA protective orders against Hayden and Holowach, both Republicans, after they took to social media to amplify past domestic challenges between the couple.

She said they were bringing up the past personal issues to distract from Hayden’s July indictment on one count of filing a fraudulent tax return and to damage her husband’s role as county GOP chairman.

The temporary orders prevented Hayden and Holowach from discussing the matter until the judge determined if their actions violated VASPA, a new law providing an avenue for victims not covered by domestic violence statutes to seek a protective order for certain offenses, including acts of stalking and cyber-harassment.

In court testimony Aug. 15, Danielle Labarbera acknowledged that she had requested an order of protection against her husband in 2020 but said they had reconciled and had another child. She said online commentary about the couple’s personal lives may affect their ability to maintain their lifestyle.

Hayden and Holowach, who were served with VASPA protective orders in July, said their public posts and comments were directed toward Joseph Labarbera out of concern for both the party and his wife.

Holowach provided Critchley with copies of what he said were text messages between Danielle Labarbera and Holstein related to alleged domestic violence. Days later, a temporary protective order was issued against Holstein.

Who is a public figure

Discussing his decision, Critchley said Joseph Labarbera, not his wife, was the target of political criticism and that as an elected party leader, he is a public figure.

“It appears that all of what was done was because of political conflict and ... that because of Joseph Labarbera having engaged in unhealthy domestic activities sometime in the past he should not be or continue as a party chairman,” the judge said. “This sort of thing that seems to come up all the time now in our political landscape and it is, in a sense, fair game.

“(Not granting) Ms. Labarbera the relief she is seeking is not because I am not sympathetic towards her,” Critchley said. “Anybody can understand she is collateral damage to a political conflict, and I am not keen on it.

“It appears the target here was Mr. Labarbera. In fact, many of the communications described Ms. Labarbera as the victim of something he perhaps shouldn’t have done. It appears fairly clear to me that in terms of the purposeful element of the statute, the purpose was to get at him.”

While appreciative of the First Amendment, Danielle Labarbera disagreed with the judge’s decision.

“I’m disappointed with the ruling because though free speech is sacred, Bill Hayden, Barbara Holstein and Bob Holowach weaponized and mischaracterized gossip to retaliate against my husband for defeating them politically,” she said.

She added that she plans to take further action on the matter.

She has 45 days from the ruling to file an appeal.

Free speech victory

Thankful for the ruling, the defendants said there are no winners in this case.

“They were using the law to silence us,” Hayden said. “Danielle’s own statement said that domestic violence never happened, then she admitted in court it did happen. I feel bad for her.”

Holowach said the outcome is a victory for free speech.

“The ability to speak openly on matters of public concern is not only protected by law but essential to the continued health of our civic institutions,” he said. “At the same time, it must be underscored that the exercise of free speech does not diminish our collective obligation to stand firmly with victims of domestic violence.

“As an elected official, I remain resolute in ensuring that survivors are supported, that their voices are respected and that individuals with histories of abuse are not entrusted with positions of public leadership.”

Holstein agreed, saying, “Today’s court finding upholds the provisions in the law to protect free speech, especially in the context of dissenting speech concerning the qualifications of a person in an elected position, in this case, Sussex County GOP chairman Joe LaBarbera. Judge Critchley appropriately described Mrs. LaBarbera as ‘collateral damage in a political conflict.’ ”

Michael Schnackenberg of the Sussex County Informer Facebook page also was a defendant in this case. He never appeared in court.