CANTON -- A charge of stalking St. Lawrence County Director of Public Health Dr. Susan Hathaway by former Green party congressional candidate Donald Hassig of Colton has been dismissed by the Canton Town Court.

Hassig was charged the day after last November’s election with stalking Hathaway in regard to incidents reported in 2010, and with trespassing at the St. Lawrence County Human Services Building a few days before that.

Hassig, founder of Cancer Action NY, said the stalking charge was false, and was persecution for his activism regarding POPs, persistent organic pollutants, and their effect on human health.

His congressional campaign was marked by controversy and arrests for trespassing as he vociferously pursued his more-longstanding campaign for more information regarding POPs to be disseminated by government to the public.

After Hassig uttered an allegedly racist remark at a candidates’ forum, the Green Party dropped its support for his candidacy. He finished well back in a three-way race with incumbent Bill Owens and challenger Matt Doheny.

In her decision, Canton Town Justice Cathleen E, O’Horo noted that Hassig and Hathaway had different approaches “in educating the public with regard to exposure to what he alleges are chemical carcinogens,” which was clearly outlined in submissions apparently offered as a motive.

But having said their differing positions are a matter of record, “the question remains whether or not the actions of Mr. Hassig constitute the crime of stalking.”

O’Horo said that a requirement of the stalking charge was that the object of the stalking must reasonably fear for his or her job, business or career, but that “it is clear from the paperwork” including correspondence with other county officials “that such fear would be unfounded.”

O’Horo also said that another requirement of sustaining a fourth-degree stalking charge is that the alleged stalker had no legitimate purpose in confronting the alleged victim, and in this case Hassig’s purpose was to persuade the county to take his position regarding POPs more seriously.

“Whether Mr.Hassig’s position is reasonable or scientific is not the issue. The question is whether he has a right to his opinions and his right to petition the County Government to hear his views. The failure on the part of County Government to feel that his position is sound should not lead to a charge of stalking,” O’Horo said.

She said the state government in enacting the stalking law “intended this section to cover conduct that one normally associates in a situation of domestic violence. It was never meant as a provision whereby government officials could hope to silence those with whom they did not agree.”

“The fact that he is critical of Dr. Hathaway does not constitute a charge of stalking,” and overall, the evidence did not support a stalking charge.

A trespassing charge remains.

“St. Lawrence County government attempted to use this charge to stop me from applying reasonable pressure for action that would utilize scientific knowledge on the subject of persistent organic pollutants exposure health hazard to county residents,” Hassig said in a statement after the judgment was released.

“Dr. Hathaway was failing in her duty to protect the public health,” Hassig said.