A Struthers contractor has filed a civil rights lawsuit against Mahoning County and Mahoning County officials, for First Amendment retaliation. 

Rudzik Excavating filed the lawsuit against Mahoning County and several officials, including Commissioners David Ditzler, Carol Rimedio-Righetti, and Anthony Traficanti, and Prosecutor Gina DeGenova. 

The suit alleges retaliation by these defendants against the company because of statements by the company's officials opposing the county's use of project labor agreements on certain projects. Such agreements exist between construction unions and construction employers establishing the terms and conditions of employment for specific construction projects. Rudzik was concerned that they make projects too expensive for taxpayers.

According to the suit, in 2024, Mahoning County advertised for two construction projects, after receiving the bid documents, Rudzik protested to the inclusion of project labor agreements. 

Representatives from Rudzik Excavating appeared on local-radio talk shows and the television news, and also attended several weekly commissioners' meetings and spoke during the public comment portion. 

After weeks of protesting, representatives of several local unions attended a commissioners' meeting and confirmed that confirmed that the U.S. Supreme Court in 2018 had previously deemed unconstitutional certain portions of the types of project labor agreement used Mahoning County used on both projects. Mahoning County couldn’t explain why it was using the unconstitutional project labor agreement and amended the bid documents to include a revised project labor agreement.

Rudzik Excavating refused to sign the project labor agreements, and were also the low bidder on both projects, but Mahoning County deemed its bids to be “nonresponsive” because Rudzik Excavating did not execute the agreements. Mahoning County rejected Rudzik Excavating's bids and awarded the contract to another bidder.

Rudzik claims that instead of returning the bid bonds to the company, Mahoning County issued two letters to Rudzik Excavating’s surety companies demanding payment of the bid bonds. The complaint alleges the demand letters contained false and fraudulent statements and the demand was unlawful.

The complaint states claims for violations of 42 U.S.C. § 1983 (First Amendment retaliation) and civil liability for criminal acts, including intimidation, tampering with records, tampering with evidence, mail fraud, attempted theft, falsification, interference with civil and statutory rights, and dereliction of duties, as well as an alternative claim for breach of contract.

Rudzik Excavating is being represented by Subodh Chandra, who previously represented Ricky Morrison in a First Amendment retaliation suit against many of the same officials that resulted in a $175,000 settlement.