NORTH END MAGAZINE

July 2001

Attorney Paul Antinori...Champion of the Little People

By Jim Tuberosa

How many times have you needed an attorney only to hear, "Sorry, I'm going to need (more) money up front," or "Forget it, the case is only worth a few thousand dollars and isn't worth my time."? You may be one million percent in the right, but the words from almost every attorney out there are, Show me the money or forget it." You've been unfairly treated by the police, the city, state or even the federal government. "You can't fight city hall unless you've got a ton of money, and even then, nothing's guaranteed," says just about every lawyer you know. There doesn't seem to be much hope out there for the little people, does there? Makes you want to start up your own collection of those ever-popular "lawyer jokes" that so many people snicker at.

Well, there is hope out there, because there are some attorneys who can, and do, come to the rescue of people who don't have a ton of money. They will fight city hall for you if your rights have been abused or you've been mistreated. Granted they are few and far between, but when you find someone of that caliber, let the world know about him or her.

The subject of this article is such a person. Attorney Paul Antinori has stepped up to the plate and taken his swings at the "giants" who trample on the rights of the little people who can't defend themselves...and he usually produces a victory for these victims of a bureaucracy that caters only to their own.

A North Andover resident, he and his wife of 41 years, Louise, have three children; Paul III, 32; Camille, who has a PhD in resource economics, and son Maxim, 30, who is a screenwriter. Antinori maintains law offices in Tampa, Florida and Boston; and is on the board of directors of the Justinian Law Society, an order of prominent lawyers and judges of Italian heritage. He is also active in several local organizations and charities.

Antinori, at first glance, is thought to be a bleeding heart liberal, but you very quickly realize that he is, first, last and always, for the American Way of Life, which screaming liberals call "conservative." He proudly states, "I was brought up to help people less fortunate than I; and, also, never let bullies run roughshod over little people. Even if those bullies happen to be the police or any bureaucrats taking unfair advantage of those 'little people.' I believe strongly in our legal system and will fight within it.’

Way back in 1967 when Columbia University buildings were taken over by student anti-war activists, he gave his views on civil disobedience and dissent in a Law Day speech at East Bay high school. He lambasted advocates of civil disobedience with the thoughts that simply calling it "civil disobedience" was lending legitimacy to a criminal act.

"Let's take the law into your hearts, not into your own hands," he urged. When this is allowed to happen in our universities it only tears down their ability to meet the needs of future generations who come to college for an education, not to become "radicalized."

Most of Antinori's clients are Italian, although he handles cases for many other minority groups. "I started out practicing criminal law, but by 1980. my interests turned to civil law. A black woman came to me who was being bullied by an insurance company whose client had caused her to be badly burned by a faulty propane tank. The propane company didn't think they should be responsible." Antinori proved otherwise in court and won a $2.2 million ease for this woman who may well have spent the rest of her life in poverty unable to work.

In 1996 a woman in Everett was falsely arrested by the Everett police. They threw her to the ground, handcuffed her, carted her off to the station and booked her. But hours later they realized their mistake and released her. The town of Everett didn't feel she had a case and "stonewalled" her. Antinori agreed to represent her in court when nobody else would even consider taking the case. The courts awarded her $35,000 thanks to Paul Antinori.

An East Boston man, Joseph Bartoli, signed on as a seaman on an ocean-going tugboat and was out to sea for several weeks. When he returned home the tugboat captain refused to pay him the agreed upon wages. No lawyer would take the case because of money was too insignificant to them. Antinori stepped in and won the case for Bartoli, getting him, not only his wages but treble damages to boot.

Presently Antinori has taken the case of Paul Conti, a Gloucester fisherman, who had made his living fishing for swordfish since 1979 by the use of driftnets, one of the three acceptable methods. Longlining and harpooning are the other two. He is the only driftnet sword-fisherman in Gloucester and only one of four on the East Coast of the U.S.A. From 1997-99 the National Marine Fishery Service and the Secretary of Commerce began putting in place regulations that permanently banned the use of driftnets in sword fishing claiming that this caused a "potential" threat to the Northern Right Whale which migrate to New England waters in the summer. Since his boat and equipment are not suitable for longlining, being uniquely designed for driftnetting, he has virtually been put out of business, no longer able to make a living.

The Issue Is: Should a fisherman be entitled to compensation under the Constitution due to federal fishing regulations that render his boat, gear and fishing permit useless?

The U.S. court of federal claims senior judge, Lawrence Margolis, has ruled NO on this issue claiming that fishing permits are privileges that are revocable at any time.

See the Court Opinion

Antinori, in his appeal to the United States Court of Appeals for the Federal Circuit in Washington, claims that "a fisherman is involved in entrepreneurial activity and that his business, including the vessel, gear and permits, and the right to access the fish, are valuable property rights protectable under the Fifth Amendment. That the harvesting of highly migratory species on the high seas began as early as 1800 and until recently. was never regulated by federal law. Therefore, when regulations go too far, as in this case, and virtually prevent fishermen from fishing all together, his rights have been "taken" within the meaning of the Constitution, and he is entitled to compensation."

Antinori maintains that Judge Margolis viewed the question with too narrow a focus, namely on the proprietary aspects of a fishing permit, its transferability and revocability, without recognizing the aggregate investment a fisherman's made in reliance on his right to fish in a certain manner that antedates all of the regulations. The point that the judge missed was that a regulation can go too far and be so onerous that one's property is indirectly "taken" and triggers the right to compensation per the Fifth Amendment.

"Paul Conti, by virtue of his specialized boat and equipment, is an exceptional case and should be allowed his full day in court. Instead, he was barred at the door in a way that universally undermines the rights of all fishermen, everywhere," maintains Antinori.

"From where I sit it makes no sense to me at all for the higher courts to fight so hard to keep from giving one lone fisherman due compensation for taking away his livelihood. I'm reminded of a line from Butch Cassidy and the Sundance Kid. Paul Newman says 'If they'd pay me the money they're spending to stop me from robbing them. I'd stop robbing them.' That's just common sense. In this case, if they gave Paul Conti the money he's lost because of their regulations, he wouldn't be suing them, and the courts would be able to get on with their business and stop spending taxpayers' money needlessly.

Whatever the outcome, I can only stand up and cheer for the future of our country knowing that there are still people that will step forward to help those that cannot help themselves. People like Paul Antinori . . .keeping alive the American Way of Life.