DELHI - Delaware County supervisors approved a $600,000 settlement Tuesday, Nov. 10, in a federal First Amendment lawsuit brought by Decker Advertising Inc., publisher of The Reporter, ending years of litigation over the county’s decision to remove the newspaper from its designation as an official publication.
Under Resolution No. 165, the county agreed to the settlement, by a split vote, which includes $27,937.93 in compensatory damages, $148,764.15 in litigation costs and $423,297.92 in attorneys’ fees.
As part of the agreement, The Reporter was designated as one of Delaware County’s official newspapers through Dec. 31, 2026. A separate measure, Resolution No. 166, formally designated the newspaper as a third official county publication under state County Law §214(2).
Delhi Supervisor Maya Boukai abstained from the vote on both resolutions. When directed by Supervisors’ Chairperson Tina Mole’ to state a reason, for the abstention, Boukai stated that she was not required to state a reason, but continued, “Well, this lawsuit, and accusations against me, have been discussed and speculated about privately and publicly with the board and out of abundance of caution, I’m abstaining so as not to provide even an appearance of a conflict of interest.”
Hancock Supervisor Jerry Vernold against re-designating the Reporter as the county’s official newspaper. When asked the reason for his no vote, Vernold said, “Because I’m from Hancock.”
Meredith Supervisor James Ellis also voted no to the re-designation, saying he, “just didn’t like it.”
Roxbury Supervisor Allen Hinkley voted to approve the re-designation of The Reporter as an official paper, “reluctantly.”
Hamden Supervisor Wayne Marshfield was not in attendance at the meeting.
The resolution states that the county maintains liability insurance and expects its insurance carrier to pay the costs incurred in defending the lawsuit, along with the substantial majority of the settlement amount. It does not specify the exact amount the county itself will be responsible for paying.
The settlement, according to the resolution, includes no admission of liability or wrongdoing by the county or any individual defendants. The resolution notes that no court has entered a finding of liability against the county or any defendant.
Decker Advertising representatives declined to comment on the resolutions, settlement or re-designation while the legal process remains active.
A Dispute Over Official Newspaper Designation
The lawsuit dates to March 2022, when the Delaware County Board of Supervisors revoked The Reporter’s designation as an official county newspaper. The newspaper had been one of two publications designated by the county in January 2022.
Decker Advertising filed suit against the county and individual officials in December 2023, alleging that the decision violated the newspaper’s First Amendment rights. The lawsuit also challenged a May 2023 directive instructing county department heads to refer media inquiries to the county attorney and public information officer.
The newspaper argued that the actions were retaliation for its reporting on county government and interfered with its ability to gather news. County officials maintained that the newspaper designation change was based on publication costs and administrative concerns, while the media directive was implemented in anticipation of litigation and applied generally to press communications.
Federal Judge Cleared Case for Trial
The case moved closer to trial in July 2026, when U.S. District Judge Anne M. Nardacci denied competing motions for partial summary judgment filed by both sides.
In a July 21 memorandum-decision and order, Nardacci found that key factual disputes - including whether county officials retaliated against The Reporter for its coverage - would need to be decided by a jury.
The ruling allowed the newspaper’s First Amendment retaliation and unlawful newsgathering claims to proceed. The judge also declined to dismiss the plaintiff’s request for punitive damages against individual defendants if a jury found that their conduct met the legal standard for such an award.
At the time, Heather Murray of the First Amendment Clinic at Cornell Law School, which represented Decker Advertising along with Foley Hoag LLP, said the newspaper welcomed the decision.
“We are pleased with the decision and look forward to bringing this case to trial to defend the right of The Reporter - and every news outlet - to report critically on government officials,” Murray said in July. “Importantly, the Court also found that The Reporter is eligible to recover punitive damages in the event a jury determines that the evidence presented of County officials’ retaliation violated the First Amendment.”
The settlement resolution states that the county determined a settlement was appropriate after several years of litigation, including motions and dispositive motions filed by both parties, and as the matter was scheduled to proceed toward trial. The county cited the uncertainty, expense and additional costs associated with continuing the case.
Official Newspaper Designation Restored
Resolution No. 166 formalized The Reporter’s designation as a third official county newspaper through Dec. 31, 2026, as required by the settlement.
Under County Law §214, counties designate official newspapers for publishing local laws, notices and other matters required by law to be published.
The settlement brings the dispute over The Reporter’s official newspaper status to a close, at least under the terms approved Tuesday, while restoring the publication to the county’s list of official newspapers for the remainder of 2026.
