Professional Documents
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704179/2019
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 03/11/2019
Plaintiff JOSHUA BOWEN, by and through his attorneys, Jeannine Chanes, Esq. and
Roland Acevedo, Esq., hereby alleges, upon knowledge as to himself and his own acts, and
upon information and belief with respect to all other matters, as and for his Complaint against
PRELIMINARY STATEMENT
1. This is an action for abuse of process and defamation arising out of the
political firestorm that has consumed New York politics since the announcement by
Amazon.com, Inc. that it was “ditching its plans to build a new headquarters in New York
2. Jurisdiction and venue are proper in this Court based on Plaintiff’s place of
THE PARTIES
(hereafter “Bowen”).
1
Seth Fiegerman, CNN Business, Amazon Cancels Plan To Build New York Headquarters,
https://www.cnn.com/2019/02/14/tech/amazon-hq2-nyc/index.html, updated 6:28 a.m. ET, Fri. Feb.
15, 2019.
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York (hereafter “Van Bramer”). Van Bramer is a member of the New York City Council for
THE FACTS
New York limited liability company that owns and operates John Brown Smokehouse, an
award-winning2 Kansas City-style barbeque restaurant that has its office and place of business
6. Van Bramer is the City Council Member who represents District 26, the
7. Van Bramer and his Chief of Staff, Matthew Wallace (“Wallace”), have been
8. In addition, Wallace and his wife lived in an apartment directly above John
9. As neighbors, Bowen and Wallace each had the other’s personal cell phone
number, and have texted each other regularly over the years.
10. Even though they have an amicable relationship, Bowen has not texted Van
Bramer since May 2018, when Bowen responded to a text from Van Bramer regarding an
2
Among other awards, John Brown Smokehouse received the Michelin Bib Gourmand award
three years in a row.
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11. Like many Americans, Bowen became politically active after the 2016
elections.
12. Through Bowen’s efforts, John Brown Smokehouse became a hub for
13. Bowen has hosted numerous political and charitable events at John Brown
Smokehouse, including events for Van Bramer, which have been attended by members of the
Amazon HQ2
14. Amazon announced its intention to open its HQ2 in Long Island City on or
15. As a politically active and vocal member of community, Bowen was as excited
as other Long Island City business owners when he learned of Amazon’s plans to move to his
neighborhood.
16. Bowen was particularly impressed by Amazon’s plans to invest in Long Island
City and its people, and the extensive environmental remediation Amazon planned to
17. Amazon announced that it was canceling its Long Island City HQ2 plans on or
18. Bowen was stunned and dismayed to learn that the actions of Van Bramer and
New York State Senator Michael Gianaris, both of whom Bowen knew and had actively
supported, had been instrumental in driving Amazon – and jobs for 25,000 New Yorkers – out
19. Subsequent polling by the Siena College Research Institute established that
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New Yorkers overwhelmingly support Amazon’s HQ2 being built in Long Island City.
20. Given the opinions of his fellow New Yorkers, Bowen thought it would be
took the initiative to fly out to Seattle on February 24, 2019 at his own expense to meet with
Amazon representatives.
22. Bowen wanted Amazon to hear from an ordinary Long Island City business
owner and resident about how much the small business community and ordinary Queens
23. Bowen returned from Seattle even more impressed with Amazon, what it had
accomplished in Seattle, and what it was offering New York in general and the Long Island
24. In Seattle, Bowen met with several Amazon executives, including Amazon’s
Vice President of Global Real Estate and Facilities, and came back convinced that Long
Island City was the right place for Amazon’s second East Coast headquarters.
25. After returning from Seattle, Bowen exchanged texts with Wallace, Van
Bramer’s Chief of Staff (the “Wallace/Bowen texts”), copies of which are attached at
Exhibit A.
26. In his texts with Wallace, Bowen exercised his First Amendment political
speech rights and insisted that his elected representative, Van Bramer, reach out to Amazon to
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27. Bowen made it clear to Wallace that he was not trying to threaten either
Wallace or Van Bramer, but that he believed that Van Bramer would be destroying his
political career if he did not take action to save the HQ2 deal.
28. At no point did Bowen contact Van Bramer directly regarding HQ2.
29. Immediately after Wallace received the Wallace/Bowen texts, Van Bramer
launched a campaign to penalize Bowen for exercising his First Amendment rights to free
political speech.
30. Van Bramer characterized Bowen’s texts and his exercise of his First
Amendment rights as criminal conduct in order to distract from the growing criticism of Van
31. In an attempt to suppress Bowen’s political speech, Van Bramer’s first step
was to go to the New York Police Department’s108th Precinct in Queens to file criminal
charges against Bowen, even though Van Bramer subsequently admitted to at least one news
32. Upon information and belief, Van Bramer did not disclose to the police that the
Wallace/Bowen texts, which formed the basis of his criminal complaint, had not actually been
sent to him.
33. Upon information and belief, Van Bramer also did not tell the police that
3
Michael Gartland, Janon Fisher and Denis Slattery, “Van Bramer Accuses LIC
Restaurant Owner of Making Threats Over Amazon,” New York Daily News, March 1, 2019
https://www.nydailynews.com/news/politics/ny-metro-van-bramer-threat-030119-story.html.
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Wallace and Bowen had a long-standing personal relationship and that both Van Bramer and
34. After filing a false police report, Van Bramer then turned to Twitter, where he
accused Bowen of threatening violence against him rather than acknowledging Bowen’s First
35. Within twenty-four hours of the Wallace/Bowen texts, Van Bramer posted
cropped copies of the texts on his own Twitter account, @JimmyVanBramer, so that it
appeared that Bowen’s texts had been sent to him rather than to Wallace, who had been
36. Van Bramer endorsed and retweeted comments from his followers who
criticized Bowen, and encouraged his followers to boycott Bowen’s business by retweeting
37. Van Bramer also used Twitter to announce that he had filed criminal charges
against Bowen.
38. Van Bramer also told the press that he had “reported Bowen to the New York
Police Department,” and he shared the contents of the Wallace/Bowen texts with them – again
without disclosing the fact that the texts had not actually been sent to him, or that Bowen and
39. As a result, Bowen’s exercise of his core political speech rights guaranteed by
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the First Amendment was widely portrayed in a false light to and by the media.4
40. Van Bramer has continued violating Bowen’s First Amendment rights by
41. Van Bramer has also attempted to curtail Bowen’s political speech by
Abuse of Process
42. Plaintiff repeats and realleges each and every allegation as set forth above, and
hereby incorporates same by reference, as if all were set forth fully herein.
43. In or about late February 2019, Van Bramer went to the 108th Precinct in
Queens and swore out a criminal complaint against Bowen, without excuse or justification
even after Bowen made it clear that he did not intend the Wallace/Bowen texts as a threat.
44. Van Bramer’s filing of the criminal complaint was without justification or
excuse because Van Bramer admitted to the Daily New that he did not think that Bowen was
45. Van Bramer swore out a criminal complaint against Bowen with the collateral
objective of distracting the press and New Yorkers from the voters’ growing fury at Van
Bramer for his part in destroying the Amazon HQ2 deal, which the majority of New Yorkers
4
Will Bredderman, Crain’s New York Business, Councilman Tells Police Pro-Amazon
Business Owner Threatened Him, March 1, 2019,
https://www.crainsnewyork.com/politics/councilman-tells-police-pro-amazon-business-
owner-threatened-him; Bill Parry, QNS.com, Van Bramer Calls Cops On Queens Restaurant
Owner For Texting ‘Threat’ Over Amazon Failure, March 1, 2019,
https://qns.com/story/2019/03/01/van-bramer-calls-cops-on-queens-restaurant-owner-for-
texting-threat-over-amazon-failure/
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Coast Silicon Valley with tens of thousands of new jobs for New Yorkers..
46. Van Bramer swore out a criminal complaint against Bowen for the collateral
objective of currying favor and sympathy as a “victim,” and to deflect from the fact that Van
Bramer was one of the prime instigators of the Amazon HQ2 departure debacle.
47. Van Bramer swore out a criminal complaint against Bowen for the collateral
objective of suppressing Bowen’s First Amendment right to freely engage in core political
speech because Bowen’s criticisms of Van Bramer were resonating with the group of HQ2
proponents that has been coalescing around Bowen, and whose stated objectives include
opposing any future campaign for political office that Van Bramer may pursue.
48. By virtue of the above activities, Van Bramer has committed the tort of abuse
Defamation Per Se
49. Plaintiff repeats and realleges each and every allegation as set forth above, and
hereby incorporates same by reference, as if all were set forth fully herein.
50. Van Bramer, not Bowen, brought the Wallace/Bowen texts to the public’s
attention.
51. Van Bramer has admitted that he does not actually think that Bowen is
52. Nonetheless, Van Bramer used the Wallace/Bowen texts as a basis for widely
circulating the accusations that Bowen was threatening him with physical violence.
53. Van Bramer has repeatedly and maliciously promoted the narrative on Twitter
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and to the press that the Wallace/Bowen texts constituted criminal threats which could only be
addressed by filing a complaint with the New York City police – in other words, that Bowen
54. By publicly, maliciously and falsely accusing Bowen of criminal conduct when
Bowen was only exercising his core First Amendment right to free political speech, Van
55. By virtue of the above activities, Van Bramer has committed the tort of
defamation per se, and Bowen is entitled to judgment against Van Bramer as set forth below.
WHEREFORE, Bowen requests that this Court enter judgment in his favor on each and
every claim set forth above and award him relief, including but not limited to the following:
Together with such other and further relief as this Court deems just, proper and equitable
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Cell: 917-575-9813
Email: legal@rracevedolaw.com
Tel.: 212-658-1970
Cell: 917-670-1777
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 03/10/2019
Exhibit A