Spatt also said that Hommel also failed to state a Section 1983 First Amendment claim against Schnirman, and dismissed the federal suit in its entirety. He dismissed the New York labor law claims “without prejudice.”

McQuade said that Hommel does not intend to appeal the ruling in federal court, but said they are considering “pursuing a state remedy” in New York State Supreme Court.

“The state of New York has a statutory provision that prohibits discrimination in the workplace, specifically referring to reprisals against those running for public office,” McQuade said. “I do not agree with the judge’s decision. He did say that the state portion was dismissed without prejudice, which means that the violation of New York state employment law … we will be doing an action on that, and we have until May to decide on that and file in New York State Supreme Court. In other words, it’s an option.

“I think the state, because they explicitly refer to [running for office] as a statutory right, they would be more hospitable … whereas the federal court would have to decide whether it’s a constitutional right that would have to be protected,” McQuade added. “The courts are split on whether running for office is a constitutional right. It’s not crystal clear. The state specifically refers to running for office as a protected right.”

Schnirman and other city officials declined to comment on the ruling. Mike Zapson, chairman of the Long Beach Democratic Committee, said that the dismissal showed that the lawsuit was politically motivated.

“The fact that there is going to be an election for the [judge’s] position this November shows that [Hommel] didn’t understand the facts or the law,” Zapson said, “and the Republicans have taken care of him and he is now a deputy county attorney for Nassau County, so we wish him well.”