Ex-BPD sergeant fired after leading anti-vax protests sues Boston, mayor for wrongful termination

An ex-Boston Police sergeant fired after leading anti-vaccine protests, including outside the mayor’s home, is suing the city for wrongful termination, claiming her first amendment rights were violated and her termination was retaliatory.

Shana Cottone, fired in March 2023 from the Boston Police Department, filed a lawsuit against the City of Boston and Mayor Michelle Wu in federal court last week, seeking reinstatement as an active-duty officer and compensation for lost wages and employment benefits, according to court records.

“The conduct of each defendant warrants the imposition of statutory punitive or exemplary damages, because defendants maliciously and without justification or exercise subjected Cottone to discriminatory terms and conditions of employment based on her and religion, and illegally retaliated against Cottone for exercising her first amendment rights,” the lawsuit states.

Cottone, in her lawsuit, challenges the Police Department’s rationale for her firing — that per a statement from BPD Commissioner Michael Cox and public records later obtained by the Herald, revolved around a violation of department rules including ones around conduct, neglect of duty and statement of opinions — as mere pretext for what she sees as the city’s retaliation for her activism.

“There are dozens of examples of BPD officers who have committed much more egregious infractions than Cottone, but whom only received a slap on the wrist,” the complaint states.

The lawsuit, which was previously reported by the Boston Globe, argues that Cottone’s actions were protected by free speech as established in the First Amendment of the U.S. Constitution.

Cottone, who was included on the mayor’s infamous list of critics, led a group of first responders, Boston First Responders United, that began regularly protesting outside Wu’s Roslindale home in early 2022. The protests initially revolved around pandemic-era vaccine mandates for city workers, but later extended into other hot-button matters.

Wu criticized the protests at the time, likening First Responders United to a “right-wing extremist group” on a radio appearance, per the lawsuit. The mayor also made statements on social media saying that the protests crossed the line, were hateful and their early-morning occurrences were disruptful to the neighborhood.

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The mayor sought an ordinance, approved by the City Council, to stop the bullhorn-amplified protests outside her home. The controversial measure more generally limited targeted demonstrations at people’s homes to daytime hours.

Mayor Wu’s office did not respond to a request for comment. The Boston Police Department declined comment, due to pending litigation.

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