Volunteer dog walker sues Town of Hempstead over ban from public facilities


Attorney Amanda R. Disken of The Disken Law Firm, P.C. | The Disken Law Firm, P.C.

A volunteer dog walker has filed a lawsuit against the Town of Hempstead in New York and three of its officials, alleging constitutional rights violations after being banned from all town facilities.

According to the lawsuit, on April 9, 2025, plaintiff Erica Carlson, also known as River Carlson, received a suspension letter at the Town of Hempstead Animal Shelter (TOHAS) from Ashley Behrens and John Allback. The letter, signed by Town Attorney John L. Maccarone, cited alleged violations of volunteer guidelines and imposed an immediate ban from all town facilities pending further investigation. Carlson claims he was not informed of any specific violations before receiving the letter and asserts that no investigation was conducted prior to the suspension, thereby denying him due process.

According to the complaint, the ban extended beyond the shelter to all public town spaces, including parks and beaches, which Carlson contends infringes on his liberty interests. The lawsuit alleges that this action seeks to suppress his speech and restrict his right to assemble. Carlson also claims that he has been subjected to discriminatory treatment at TOHAS based on his transgender identity and that the suspension is part of broader retaliatory practices.

Carlson seeks $13 million in compensatory damages under multiple claims, including alleged violations of 42 U.S.C. § 1983 for First Amendment retaliation and procedural due process. The plaintiff also seeks punitive damages, declaratory relief to void the suspension letter, and injunctive relief to lift the ban on accessing town facilities.

The plaintiff is represented by attorney Amanda R. Disken of The Disken Law Firm, P.C. The case was filed in the United States District Court for the Eastern District of New York under Case ID 2:25-cv-03652.

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