Former employee files suit against Atlantic Beach
Seeks lost wages and reinstatement; village ‘aggressively opposing’ lawsuit
Two employees of the Village of Atlantic Beach are alleged to have subjected a former subordinate and co-worker, Barry Silbowitz, to more than a dozen different forms of verbal, physical and sexual abuse.
A lawsuit filed by Silbowitz in U.S. District Court in January of 2009 further claims that he was wrongfully terminated, and that he was the victim of "vicious acts of discriminatory treatment," because of a disability, attention deficit hyperactivity disorder.
Public Works Superintendent Steven Cherson and a village employee, Ken Karmel, along with the Village of Atlantic Beach, are the defendants.
"We have no comment," said Village Attorney Charles Kovit. "This is something we're pursuing with the courts, and until there's a decision or something, we're aggressively opposing the lawsuit."
Silbowitz was born in 1982 and diagnosed as a child with ADHD, according to the complaint. He has a number of cognitive and behavioral deficits, is limited in the type of work he can do and needs "constant direction and supervision," the lawsuit states.
He was originally employed by the village as a seasonal worker, combing the beach, picking up garbage and doing other maintenance tasks. He started as a full-time employee in 2005. The complaint claims that abusive language, acts of violence and sexual abuse began around September of that year.
Cherson is accused of holding Silbowitz down as his co-worker, Karmel, attached car jumper cables to his back. Silbowitz was allegedly spat on and struck in the back of the head repeatedly by Cherson, who allegedly referred to him as a "retard" and "idiot," and said he was "as dumb as a nigger," among other epitaphs.
"I can't discuss that notice of claim," said Cherson, reached at his office in Village Hall. "It's really a lot of nothing," he added. Karmel declined an e-mailed request for comment.
Silbowitz alleges that he was ordered to dig a six-foot-deep hole that he was thrown into by Karmel. He also claims he was hoisted onto a forklift and dangled approximately 10 feet off the ground in the presence of Cherson and others. Cherson is also accused of holding Silbowitz down against his will and touching his genitals while attempting to remove his pants.
