DANVERS — The insurer for Beverly Regional Airport agreed to pay $46,000 to settle the federal civil rights lawsuit brought against the airport, its manager and the city of Beverly by Mark Zuberek after he was barred from the airport in the fall of 2018.
The airport manager has since rescinded the no-trespass order, Zuberek said.
Beverly Finance Director Bryant Ayles said in an email that the airport's insurer, Indian Harbor Insurance Company, controlled the defense of the case and hired an attorney to handle it.
"The insurance company agreed to pay $46,000 to settle the case with a release of all claims by Mr. Zuberek and no admission of liability. Taxpayer money was not used to settle the Zuberek case," Ayles said.
Zuberek was issued a no-trespass order after attending an airport commission meeting on Oct. 10, 2018, after which he interviewed the airport manager in the terminal's lobby as host of a local cable TV show, "Topics of the Town - News," court documents show.
Less than two weeks later, he was rebuffed in his attempts to conduct a followup on-camera interview with Airport Manager Gloria Bouillon, and interview an airport business owner, court documents show.
"Plaintiff's multiple attempts to gain access to secure areas of the Airport," as reported to the airport manager by a business owner and pilot, "raised security concerns and constituted suspicious behavior," said the defendants' memo in opposition to Zuberek's motion for a preliminary injunction.
Zuberek claimed he was unfairly barred from the airport as he tried to gather information for his cable show and film on what he considered public property. The airport is owned and sits on land mostly in Beverly, though 164 acres are in Danvers, he said. He alleged that being barred from the airport violated his First Amendment rights and was an attack on press access. He also alleged he was defamed by the whole process, including what he claimed were flyers that contained false information about him with his photograph.
Zuberek, a former selectman and a Precinct 7 Town Meeting member in Danvers, said in his complaint "at no time on October 23, 2018, or on any other day, did Mr. Zuberek enter or attempt to enter any area marked restricted or any area that was fenced off from apparently public areas."
On Oct. 22, Bouillon became concerned after Zuberek requested a followup interview about taking video on the West Side of the airport, while making a similar request to an airport business tenant, court documents state.
That day, she issued a security alert to airport tenants and businesses that Zuberek did not have authority to enter the fence line, and asked to be notified if there is suspicious activity of someone filming through the fence, or elsewhere on airport property, according to the rebuttal by the city the airport and Bouillon in court documents.
Bouillon denied she included a photograph of Zuberek "nor instructions to post anything regarding Plaintiff" with the security alerts she issued on Oct. 22 and again on Oct. 23, court documents show.
Bouillon contacted the Massachusetts Department of Transportation's Aeronautics Division, which issued a Notice of Violation to Zuberek "for attempts to access the airfield," according to court documents.
On Oct. 23, Zuberek tried unsuccessfully to interview Bouillon at her office, and conduct the interview with the airport business tenant.
Zuberek received a no-trespass order from the airport commission on Nov. 1, 2018. He went to court over the matter in April 2019, after he was unable to get the the order lifted or amended so he could attend airport commission meetings.
Bouillon said in a brief interview that according to the city's policy, she could not comment on anything to do with litigation. The attorney who handled the airport's case, David Monastersky, could not be reached for comment.
Settlement
The case was settled through a process called "alternative dispute resolution," and the settlement was approved on Oct. 16 by the Beverly Regional Airport Commission, court records show.
On Nov. 5, the U.S. District Court of Massachusetts issued a settlement order of dismissal.
Concerned about foot dragging when it came to fulfilling the terms of the settlement, Zuberek said in press release in early December: "This agreement was reached to avoid additional legal and court fees for the city of Beverly, Airport Commission, the airport manager and plaintiff."
Zuberek said the settlement was meant to cover attorney's fees and expenses. He has received the settlement payment.
Under the agreement, Zuberek will be allowed to fly in and out of the airport, and he will be allowed access to restricted areas when invited by tenant business owners, "subject to and in conformity with applicable Federal, State and Airport laws and regulations."
Zuberek said he has not yet tried to fly out of the airport.
"I'm cautious," said Zuberek, a civil engineer who has worked on airport projects. "I know the drill. I've worked at Logan Airport long enough."
Because he was not allowed on airport grounds last year to attend airport commission meetings, Zuberek filed an Open Meeting Law complaint with the state Attorney General's office against the airport commission.
He was barred from attending a Dec. 7, 2018, meeting, even after asking to do so in advance, because of the no-trespass notice. He was unable to attend subsequent meetings. The state Attorney General's office found the airport commission had violated Open Meeting Law, making "no showing of a specific, articuable threat to public safety" should Zuberek attend the meetings, and for failing to make an effort to resolve the security concern so that Zuberek could attend them for several months.
That was until May 2019, when the commission moved its meetings to Beverly City Hall. These meetings have since moved back to the administration building on the airport's East Side.
Zuberek, who was recently passed over by Danvers selectmen to fill a vacancy on the airport commission, said the biggest thing is he will be able to attend commission meetings, noting Danvers only has two representatives on the seven-member commission. He is concerned the airport's new master plan, which is under discussion, could allow for increased air traffic over Danvers.
Staff writer Ethan Forman can be reached at 978-338-2673, by email at [email protected] or on Twitter at @TannerSalemNews.
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