Free Republic LLC filed a Notice of Claim with the City of Fresno

Press Release Charles L. Doerksen, Attorney at Law | 09/22/03 | Jim Robinson

[Jim Robinson]

CHARLES L. DOERKSEN
ATTORNEY AT LAW
________________

ROWELL BUILDING
2100 Tulare Street, Suite 410
Fresno, California 93721
Telephone 559 233 3434
Facsimile 559 233 3939
E-mail doerksen@lightspeed.net

 

September 22, 2003

 

PRESS RELEASE

At 9:10 a.m. today, Free Republic LLC filed a Notice of Claim with the City of Fresno, arising from the Human Relations Commission’s news release of September 12, 2003, labeling it a "hate group." A copy of the Notice of Claim, without exhibits, is attached hereto.

The Notice of Claim, which is a legally required first step in filing a lawsuit against a public entity, puts the City of Fresno on notice that Free Republic LLC intends to file a lawsuit for defamation against (1) the City of Fresno, (2) the Human Relations Commission, and (3) Debbie Reyes, Chair of the Human Relations Commission.

Questions regarding this matter may be directed to this office, and additionally, Mr. Doerksen, as well as representatives of Free Republic LLC, can be made available in front of City Hall at 4:00 p.m., today, September 22, 2003, to answer questions if interest in this is expressed.

 

NOTICE OF CLAIM
(Government Code § 900, et seq.)

TO:
Rebecca Klisch
City Clerk
CITY OF FRESNO
2600 Fresno Street
Fresno, California 93721

This claim is being presented pursuant to Government Code Section 900, et seq., Miller v. Hoagland (1966) 247 Cal.App.2d 57, 61-62 (filing claim as prerequisite for defamation action against public entity and its employees), and all pertinent code sections, statutes and laws of the State of California.

A. NAME AND ADDRESS OF THE CLAIMANT:

Free Republic, LLC
Post Office Box 9771
Fresno, California 93794

B. NAME AND ADDRESS OF PERSON TO WHOM CLAIMANT DESIRES

NOTICES TO BE SENT:

Charles L. Doerksen
Attorney at Law
2100 Tulare Street, Suite 410
Fresno, California 93721

Robert J. Taylor, Jr.
Attorney at Law
1200 Paseo Camarillo, Suite 295
Camarillo, California 93010

C. DATE, PLACE AND OTHER CIRCUMSTANCES GIVING RISE TO THE

CLAIM:

Claimant is an independent, grass-roots, conservative organization. Its purpose is to root out political fraud and corruption, to roll back decades of governmental largesse, and to champion causes which further conservatism in the United States of America.

This claim arises from defamatory oral statements and/or more permanent publications made by and/or disseminated by the City of Fresno, by and through its Human Relations Commission, and certain public employees and/or agents of the City of Fresno acting in the course and scope of their employment and/or agency, the identities of which are currently unknown (hereinafter, collectively the "City of Fresno"). Claimant is informed and believes, and thereon alleges, that the Human Relations Commission for the City of Fresno is composed of up to 17 members appointed by the City Council and the Mayor, and has a budget for the 2003 fiscal year estimated at $193,100. Each Council member appoints two members while the Mayor appoints three members. The specific identities of such public employees/agents are currently unknown, but are expected to include, at a minimum, Debbie Reyes, Chair, Human Relations Commission for the City of Fresno.

On or about September 12, 2003, the City of Fresno disseminated a News Release entitled, "Human Relations Commission News Release," a true and correct copy of which is attached hereto as Exhibit "A" and made a part hereof (hereinafter, the "Release"). The Release refers to claimant as "a hate group." In addition, the Release states: "This group has also planned a ‘Free Republic Hate Rally Picnic’ in District 6," and accuses claimant of making "threats of violence toward any minority groups that interfere with their rally or picnic." The Release constitutes a false and unprivileged fixed representation to the eye which exposes claimant to hatred, contempt, ridicule, or obloquy, causes it to be shunned or avoided, and has a tendency to injure claimant in its occupation, trade or business. In addition, the Release charges claimant with a crime in that it accuses claimant of making "threats of violence" towards minority groups.

Claimant is informed and believes, and thereon alleges, that the City of Fresno has made other false and unprivileged statements, either orally or by writing, printing, or other more permanent medium, which have exposed claimant to hatred, contempt, ridicule, or obloquy, and which have caused claimant to be shunned or avoided, and have injured it in its occupation, trade or business. (As used in this Notice of Claim, the term "Publication" shall hereinafter refer to the Release as well as to all other defamatory oral statements and/or more permanent publications made by and/or disseminated by the City of Fresno.)

D. CLAIMS FOR DAMAGES:

Defamation. The City of Fresno (previously defined to include the City of Fresno, and certain public employees and agents of the City of Fresno acting in the course and scope of their employment and/or agency, the identities of which are currently unknown), wrongly referred to claimant as "a hate group" and accused claimant of planning a "hate rally" and making "threats of violence toward any minority groups that interfere with their rally or picnic," notwithstanding the City of Fresno’s failure and inability to produce even a scintilla of competent evidentiary or legal support for such defamatory statements. True and correct copies of articles from The Fresno Bee, dated September 14 and 16, 2003, are attached hereto as Exhibit "B" and "C," respectively, and made a part hereof (hereinafter, the "Articles"). The Articles attribute statements to Mayor Autry that (1) there is no evidence that claimant is a hate group, (2) the Human Relations Commission is "using the City of Fresno as a tool to attack people without cause," (3) describing the Publications as "inflammatory, reckless, irresponsible and dangerous," and (4) explaining "the worst thing you can say is they’re a hate group." Furthermore, Debbie Reyes, Chair, Human Relations Commission for the City of Fresno, has admitted that her "proof" for making the Publications was not "solid." (See Fresno Bee article dated September 16, 2003.)

The Publications are false and unprivileged statements, either orally or by writing, printing, or other more permanent medium, which have exposed claimant to hatred, contempt, ridicule, or obloquy, and which have caused claimant to be shunned or avoided, and have injured it in its occupation, trade or business. As a result of the defamatory Publications, claimant is entitled to be compensated by the City of Fresno (and the responsible public employees/agents).

The Publications constitute defamation (i.e. libel and/or slander per se) based upon Civil Code Sections 45 and 46 (as well as other statutory and judicial authority):

1. Libel. The California Legislature has defined libel as a "false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation." (Cal. Civ. Code § 45.)

2. Slander. The California Legislature has defined slander as "a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which: (1) Charges any person with crime, or with having been indicted, convicted, or punished for crime; … (3) Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits." (Cal. Civ. Code § 46.)

E. AMOUNT OF CLAIM:

Claimant seeks general damages for loss of reputation, shame and mortification. Claimant seeks special damages with respect to damages it has suffered to its business, trade, profession or occupation. Finally, claimant requests exemplary damages for the sake of example and by way of punishing the responsible public employees/agents for making the defamatory Publications with actual malice. Claimant is informed and believes, and thereon alleges that the public employees/agents possessed a state of mind arising from the ill will toward the claimant, and did not have a good faith belief in the truth of the defamatory Publications. Accordingly, the acts of public employees were made with actual malice, and were fraudulent and justify the imposition of punitive damages.

Claimant’s damages are currently unknown, but are anticipated to be well in excess of $1,000,000, but regardless, are in excess of the minimal jurisdictional limits of an unlimited civil case.

F. WITNESSES/PUBLIC EMPLOYEE(S) CAUSING INJURY:

At this time, claimant believes that the following persons, in addition to its members (including but not limited to Jim Robinson), would have knowledge regarding the events of this claim and/or participated in the acts and/or omissions which caused the injury to claimant:

• Debbie Reyes, Chair, Human Relations Commission, City of Fresno

• Human Relations Commission members – Lucille Gahvejian and Shirley Rowe (appointed by Mayor Alan Autry); Enrique Reade and Reina C. Pineda (appointed by Council Member Tom Boyajian); Dr. David Roy (appointed by Council Member Brian Calhoun); Ethel King (appointed by Council Member Cynthia Sterling); Dr. Sudarshan Kapoor (appointed by Council Member Brad Castillo); Gail A. Gaston (Vice-Chair) and Arthur Dyson (appointed by Council Member Mike Dages); and Cary Catalano and Rudy Mosqueda (appointed by Council Member Henry T. Perea).

• Alan Autry – Mayor, City of Fresno

• Fresno City Council members – Tom Boyajian, Brian Calhoun, Cynthia Sterling, Brad Castillo, Mike Dages, Jerry Duncan, and Henry T. Perea.

• Nicholas DeGraff – Member, Peace Fresno

• Mike Rhodes – Editor, Community Alliance magazine

Dated: September ___, 2003

_________________________
Charles L. Doerksen,


Robert John Taylor, Jr.,
Attorneys for claimant
Free Republic, LLC

[freedumb2003]

After 500 plus posts, I probably cannot add much of substance but for God's sake hoist them on their own petard!

Make them pay -- and finally make them understand that Hate comes from the Left much more than from the Right.

It would be redundant for me to review all the ways that FR upholds the Constitution -- and how the discussions and vitrolic arguments have to do with the responsibilities of Freedom and the associated costs. The Left fears arguments like these!

If there is a ping list on this, please put me on it.

Thanks and KAATN!!!!!!!!!


BoooYahh!!!!

[jriemer]

Yes, and how many firewalls will now block Free Republic due to this disinformation of it being a hate group? And how many times will we have to ask to have our name removed from other agencies' lists that may label us a hate group because of this? I fear many liberal organizations will now use the press release to put us in the hate group category. They'll never had heard the retraction, of course. No, wait, was there ever a retraction? NO! So soon Morris Dees will have us in his hate group list at the Southern Poverty Law Center.

And as soon as he does, the SPLC could be liable for the same kind of suit that has been brought apon the HRC and the city of Fresno. Oh, the mischeif that could be wraught against the PC community...

[notpoliticallycorewrecked]

Excuse me?

Were you here when a reporter asks me and a few other Freepers if we are from FR. After stating that we were, the reporter then stuffs a news release from the City of Fresno stating that we are a member of a hate group.

This is not frivolous, this is a very serious matter. If you think that this is friviolous then you need to take big dose of reality. Perhaps then you will find out what is really going on.

[Chad Fairbanks]

I have been slandered and defamed.

Suck it up and take it like a man.

;0)

[Chong]

"Oh please allow me! "You are a waste of flesh. You have no rhythm. You are ridiculous and obnoxious. You are the moral equivalent of a leech. You are a living emptiness, a meaningless void. You are sour and senile. You are a disease, you puerile, one-handed, slack-jawed, drooling, meatslapper. On a good day you're a half-wit. You remind me of drool." There! :-) Note from the "The Ultimate Flame" by Just another Joe "

LO (bad word) L!!!!!!!!!!! (You made me double over laughing and I am gonna sue you.) Okay, NOW I've officially received "hate." You Rats happy now? (Heh, that's too funny, Valin.) The best rant I've ever heard was from our very own, RedBloodedAmerican. Glad it wasn't directed at me, whew!

[RedBloodedAmerican]

I have since gone off caffiene. :o)

[RedBloodedAmerican]

If this is a "hate group"...

count me in!

Hold 'em accountable, Jim!

[Windcatcher]

Way to go, Jim! Don't let them get away with it!

Slandering conservatives is like a daily sport among these Libs anymore. Mere run-of-the-mill conservatives apparently don't exist: now we're regularly branded racists, haters, and nazis. "Extreme" precedes "conservative" and "right-wing" like "and tired" follows "sick". These Libs that preach tolerance and understanding have proven to be singularly intolerant toward anyone who opposes their worldview and IT HAS GOT TO STOP.

[Chong]

"I have since gone off caffiene. :o)"

Nooooooooooooo!!!!!!!!!!!! I will ship you a pound of LEADED Folger's Gourmet Supreme in the morning.
PS: I am so glad that Jim decided to fight this thing. We conservatives have been too nice for too long. It's time now to roll up our sleeves and fight back!

[Doctor Raoul]

Isn't that the Somali flag?

[ladyinred]

GARY CONDIT CONNECTION??

I don't know for sure, but I don't think so. The problem started on another web site actually, and I think that is what really happened. It is the Peace Fresno, Indymedia connection IMO.

[ladyinred]

How do you stay so slim eating ice cream and tri tip? I look at food and gain weight. If I smell it I gain twice as much, and if I eat it, well nevermind .....

Egads! I have to fight weight all of the time! I just lose control once in awhile and indulge in my favorite things, ice cream and chocolate. If I could, I would live on Hershey Bars and diet pepsi! :-)

[demlosers]

Excuse me?

In my rush, I misread the title to the thread thinking somebody filed suit against FR.

I corrected myself in post #s 501 & 502

[ladyinred]

This kind of B.S. and C.F. is the reason why you don't see a whole of freepers identify themselves instead choosing to use screenames for this message board. If something could be done to stop this nonsense, then maybe more of us would be able to identify ourselves and say that we are part of this movement to advance the cause of conservatism without the fear of retribution of losing friends or customers.

Thanks so much. This is exactly what is happening to us in Fresno right now, and I am so glad you said this. Terrific post.

[Cindy]

Liberals have trouble with this concept:

"A word fitly spoken is like apples of gold in pictures of silver. As an earring of gold, and an ornament of fine gold, so is a wise reprover upon an obedient ear." -From THE BIBLE: Proverbs 25:11,12

[ladyinred]

You are all entitled to your opinions, and while I agree there are too many ridiculous lawsuits, such as suing McDonalds for spilling hot coffee on yourself, et al, what you don't realize perhaps is that some of the things the Fresno Group were accused of are actual CRIMES. We have to defend ourselves. This is a little more than just sticks and stones can break my bones.

Your faces haven't been plastered all over television either identifying you as a member of a hate group who threatened violence against minorities! Some of us also are business owners who were seen on the news and some of our customers are questioning us. Being called a member of a hate group these days is worse than about anything. It can effect your business sirs, and that is nothing to just sneeze at for some of us.

[ladyinred]

She's been censured,

.She has NOT been censured.

[ladyinred]

Thank you for your posts. I am sure I speak for all of us in the Fresno group when I say this.

[MeekOneGOP]

MeeknMing: Thanks for taking up my slack!

You bet !

[TigersEye]

...some of the things the Fresno Group were accused of are actual CRIMES. We have to defend ourselves. This is a little more than just sticks and stones can break my bones.

You are absolutely right. I love to make jokes and I've made a few on threads about this but this is no joke.

'Hate Crimes' is a term that has been institutionalized in criminal law by the federal and many States governments. This dubious terminology regarding the intentions of a criminal represents a political issue that is still expanding its meaning and its reach in criminal law. Even Pres. Bush has ceded validity to the notion by lauding his own efforts, as Gov. of Texas, to promote 'Hate Crimes' legislation.

Being labeled a 'Hate Group' has potential legal ramifications on the federal level and, in some cases, on the State level. Being labeled a 'Hate Group' by a government entity increases that potential. This is very serious.

I hope the fact is well exposed that the groups this woman is working with were the ones who initially threatened harrassment and violence towards members of FR in Fresno. It seems to me that she used her postion as a city employee to enlist the help of the media and the police to assist those groups with their plans to harrass and assault.