A judge will decide next month whether to pursue illegal-advertising-display charges against the entrepreneurial adman and his partner, David Silver, at Jerry & David's Red Horse Market.
Mr. Della Femina also oversees New York agency Jerry Inc., two East Hampton eateries and, with wife Judy Licht, a local cable TV talk show.
Mr. Della Femina said he's pursuing legal action against people including the mayor and village supervisor for damages relating to his arrest late last year.
"Any money I collect from them I plan to give back to local children and charities," the East Hampton resident said.
Messrs. Della Femina and Silver were arrested for having a display outside their store of pumpkins and bales of hay. Also at issue was a newspaper stand on the premises. Village officials contend the exhibit was illegal advertising for the market.
To say "pumpkins and flowers" are advertising, Mr. Della Femina said, "makes any time I've spent in advertising a joke."