HRC Under Fire (Fresno Mayor expects litigation as a result of HRC smear of FR?)

KFSN-TV ^ | September 14, 2003

[Timesink]

HRC Under Fire

A pair of controversies could mean double the debate inside Fresno city council chambers this week, while a special city commission and some council members are feeling the heat.

A lot of the political tension has centered around an upsetting e-mail, and more recently, a news release that calls a local conservative organization a, "hate group."

Now, the future of Fresno's Human Relations Committee is on the line.

Fresno mayor Alan Autry went on TV for "Ask The Mayor," but Autry says he has questions of his own for the city's Human Relations Commission.

It sent out a news release about rallies planned by the "Free Republic," Calling the local conservative organization a hate group.

Now, Autry wants the HRC out of commission, at least for now, "I'm going to do my best to suspend operations until we find out who thought it appropriate to send out a release with city staff ... to call a group a hate group."

The HRC's chairwoman, Debbie Reyes wasn't available for an interview. But, in a written statement, Reyes said, "The intention of the alert was to merely alert the public to say away from a potentially volatile situation."

Still, Autry says the HRC release was irresponsible, "Factor that in with the fact that you spend $193,000 to fund this, liability issues, litigation ... all of those things come into play."

Council president Tom Boyajian supports the HRC, "It was bad information ... they should've done their homework ... but I don't think that warrants wiping out the Human Relations Commission."

Boyajian may also butt heads with conservatives at city hall on another issue. As Action News first reported, he'll present a resolution Tuesday regarding council members conduct. This, after Jerry Duncan wrote what some considered a threateing e-mail about the Human Relations Commission.

Duncan declined to comment Sunday, but he has apologized for the e-mail.

Boyajian says his resolution will not go so far as to officially censure Duncan. He says legally, the council can't force Duncan to resign.

Boyajian will suggest a possible seminar to improve sensitivity to minority groups.

[My2Cents]

You have a gutsy screen name, but I agree with your tagline. I've been trying to come up with a competing handle for the paleos..."WINOs" maybe -- "Whiners in Naysaying Opinions"; or perhaps "HIPPOs" -- "Hardheaded Ignoramuses of Politically Poisonous Opinions." Someone came up with "NEIN-O's" -- "Not Even In Name Only". Nothing really clicks yet.

[2Jedismom]

Makes me just want to throw up a tree!

;-)

Supporting you all the way!

[cake_crumb]

"Boyajian will suggest a possible seminar to improve sensitivity to minority groups."

For the HRC, the general public or the Fresno chapter? How will that stop the HRC from acting like the taxpayer funded, leftist-socialist group that it is? How many minority FR members can make it to this proposed sensitivity seminar"? Because by suggesting this stupid seminar, Boyajian is saying that HRC is right and FR is a hate group.

I agree with Mayor Autry. $193,000 of taxpayer money goes to fund this stinking group and they're running around insulting and making basless allegations and encouraging fascist tactics against some of the very taxpayers who fund them.

[MarkL]

Can you please tell me what those "specific legal meanings" of hate groups are, or at least direct me to where I can find such information?

Although this document is from Santa Clara, it specifies the CA statutes against "hate crimes." And I've been looking for the specific term "hate groups" in statutes, but haven't been able to find them, although the CA AG does specifically mention "violent groups," which it would seem could fall under the definition of "hate groups." Interesting how what appears to be a "legal term" really isn't one, although you see politicians and law enforcement refer to it all the time, such as in this document on the CA AG site.

So if President Bush stands on a podium with the seal of the United States in front of him and says that the KKK (or the NAACP, or the Daughters of the American Revolution, or the Democratic Party, or FreeRepublic) is a hate group, they can sue him for libel?

Yes, I believe that they can, if they can prove that they are NOT a "hate group." Specific cases that come to mind when a government or law enforcement agency include Richard Jewell (from the Olympic bombing) and what's going to happen with Stephen Hatfil (sp?), the "person of interest" in the anthrax cases. They were both identified as suspect, were defamed, and when it was proven that Jewel was NOT the bomber, he sued and won.

However, I'm starting to wonder if there's a case against the government. I know that Jewell sued NBC and The AJC, but I can't find anything if he filed suit against the government and won. I could have sworn that he did, but I can't find proof.

Mark

[cake_crumb]

"So if President Bush stands on a podium with the seal of the United States in front of him and says that the KKK (or the NAACP, or the Daughters of the American Revolution, or the Democratic Party, or FreeRepublic) is a hate group, they can sue him for libel?"

If the statements were untrue, yes they could.

[drjimmy]

If the statements were untrue, yes they could.
But to actually win a libel suit requires a lot more than a statement being untrue. And it is up to the plaintiff to prove that it is untrue. Those aspects may not be fair, but they are why suing for libel is frequently a bad move for someone who cannot easily afford the costs involved, since the chances of winning are pretty slim.

Holding the HRC morons up to public ridicule and actively working to have them removed from power--which is what it appears is being done in Fresno--is the better way to go.

[drjimmy]

I appreciate your effort to take me up on my challenge and document laws involving hate crimes and libel. As you have found, there can be a huge gulf between what is commonly thought and what is an actual legal term. "Hate crimes," for instance, are regular old crimes (assault, arson, theft, harassment, etc.), for which the motivation is alleged to be hate because of the victim's race, religion, gender, etc. In the main, it is not a matter of adding new crimes to the books, but of adding greater punishments for existing crimes. And "hate groups" is unlikely to be a legal term at all, because the same first amendment that protects our right to call them that protects their right to say things that are, in fact, hateful.

As for Hatfill, I'm pretty sure that libel is not what he is suing the government for, but rather that his constitutional right to privacy (!) has been violated by what the Justice Department has done. And Jewell, if I remember correctly, sued several media outlets for libel, but not the government. I believe some places settled with him early (NBC did so even before being named in a suit), while his suit against the AJC is still ongoing (Jewell has actually lost several rounds so far, but continues the appeal process).

[cake_crumb]

"But to actually win a libel suit requires a lot more than a statement being untrue."

Your darned right it does, which is why government agencies do not make such allegations without PROOF. See, with PROOF, with EVIDENCE, they have a CASE. The HRC, as a government agency, made allegations to the media AND to the local police without proof. They had no CASE with which to MAKE one in COURT. Which was not only stupid, but hateful, powered by MALICE, and can indeed be construed as libel in the legal sense of the word.

In a way though, I agree with you: FR doesn't need to sue for libel. I disagree that the chance of winning is thin, and that is taking into account Rob J's concerns.

I'd like to see a suit charging obstruction of the First Amendment rights of a demonstrably peaceful group by a appointed government agency.

[FairOpinion]

"Boyajian will suggest a possible seminar to improve sensitivity to minority groups."

===

Now this is funny!

Are they going to have a seminar about how to be more sensitive to CONSERVATIVES? THIS was the gruop, which was smeared.

[ImpBill]

It must be time to "round-up" every member of the Vast Right Wing Conspiracy who frequents the pages of "FreeRepublic.com" and ship them off to gulags without process.

[Enterprise]

Well, considering the stigma that liberals put on "hate" I would think this is libel. I would think that a lawsuit could be in order here, but it's not my money or my call. I like the thought though. One would certainly think that the HRC has exposed itself and the City of Fresno to severe civil liability.

[Libertina]

You are correct, Misty. We have our work cut out for us ...

[IncredibleHulk]

We are exploring all options.

I'll up my monthly donation to sue those creeps!

[Calpernia]

Another related thread:

http://www.freerepublic.com/focus/news/983829/posts?page=1

[Humidston]

Good to see you too, Misty. I'm doing well and hope the same is true for you!

[Feiny]

I'm so glad that heads will roll over this.

[chadsworth]

Madness!!! No wonder our free republic has gone to hell in a handbasket in just one generation.

Instead of "GIRLS GONE WILD,

in Fresno, it is

the HUMAN RELATIONS COMMITTEE GONE BONKERS!

[chadsworth]

Pretty well sums ME up! LOL!

And me also.

I always thought it was our right to have our own opinions. However, now we are demonized by the media, real honest hate groups and now some little cheezy Humans Relations committee that is made up of city government appointed ( not elected) members..

This aint no time to roll over and play dead!!!!

[ppaul]

(Hillary MUST BE STOPPED BEFORE 2004 ; Davis MUST BE REMOVED)

At this rate, Davis will remain Governor and handover the entire State of California electors to der Hildebeast in 2004.

[chadsworth]

At this rate, Davis will remain Governor and handover the entire State of California electors to der Hildebeast in 2004

My fear for months now. Just watching her position herself for a run at the White House is really scary.

When I tell people I think she will be a candidate, they thought I was off base. I have watched her for months and it will become a fact (imho) before long.