Judge rules on Lynn war of words

LYNN – A Superior Court judge cited state law defining “protected speech” in rejecting a harassment order request that brought neighbors from an East Lynn side street into court earlier this month.Court testimony on April 10 and 11 focused on competing accounts by Buchanan Circle residents Ann Yarnell and Kenneth and Rachel Allaire over the Allaires’ claims that Yarnell tried to keep neighbors from using a small lane off Buchanan Circle.”While the Allaires may have had other, less confrontational and perhaps more socially desirable avenues available to them in some instances ? the Allaires’ verbal expression of their anger, frustration and contempt to Ms. Yarnell directly is legally protected speech that does not qualify as ‘harassment,'” Associate Justice Brian Davis wrote in his decision.Yarnell placed chairs, signs and “other barriers,” Davis noted in his decision, across Buchanan Way to keep neighbors from using the dead-end lane. She filed a harassment prevention order request in court on March 18 against the Allaires.The Allaires acknowledged in court they yelled at Yarnell, and Davis’ decision detailed 10 confrontations between the neighbors, including an August 2012 standoff that Mayor Judith Flanagan Kennedy attempted to mediate. Kennedy lives on Buchanan Circle.”It is undeniable that Ms. Yarnell and the Allaires have had numerous unpleasant interactions involving vulgar and offensive name-calling ? but each such incident invariably involved an arguably unneighborly act by Ms. Yarnell,” Davis wrote in his decision.Yarnell’s attorney, Theodore Teah of Salem, said Yarnell could appeal Davis’ decision, adding, “I would have preferred to prevail, but the judge ruled the way he saw the facts.”Ward 2 City Councilor William Trahant Jr. said, if asked to do so, he will mediate additional disputes among Buchanan Circle neighbors. He called the street located off Western Avenue near the Salem line “a real good neighborhood.”Councilor at large Daniel Cahill said city officials have filed the paperwork with the Southern Essex Registry of Deeds required to make Buchanan Way a public street. A 1986 council vote changing the lane from a private to public way was never recorded with the registry, and councilors took another vote on March 26 to change the street’s status.”Hopefully, this matter will be put to rest so everyone can enjoy the quiet and comfort of their neighborhood up there,” said Cahill.Thor Jourgensen can be reached at [email protected].