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

[editor-surveyor]

"Ummm.... how about asking for A MILLION DOLLARS in local taxpayers' money?"

If those local taxpayers have abdicated responsibility for the actions,and policies of their local governments by electing socialists, then 100 million would be just compensation.

I'm sure that I pay at least ten times what you do in taxes, Way2Naive.

[mr.sarcastic]

Payments in suits like this are typically paid by insurance, not out of city funds. Defamation and slander by any entity, public or private, is a solid and defensible reason for filing suit. Free Republic isn't just the best darn site on the web, but it is also Jim's livelihood, a livelihood that is put at risk by allowing defamation, such as the "hate group" label, to go unchallenged.

[Honorary Serb]

I know nothing about local Fresno politicians, and consider California politics to be a circus. However, this sounds, once again, like the poobahs of the politically correct practicing a form of censorship by calling those they disagree with "hate groups" and accusing them of "hate crimes".

I say PHOOEY to that!!!! Go get 'em, Jim!

[Physicist]

I really hope this has no potential to turn into another Eschoir fiasco. Be triply sure of that before the process becomes irreversible.

That said, I will be deeply honored to provide a sworn affadavit describing the history and activities of the Philadelphia chapter, as well as my personal involvement with FreeRepublic. The truth is our sword and shield, my friend.

[Sweet_Sunflower29]

Thanks for the ping BSunday.

And Jim, YOU are the MAN!!

(snapping fingers in whatever_shape_it_is for emphasis)

[Doctor Raoul]

I can just see Doc Raoul with a walker going back and forth in front of Hillary's nursing home.

Hopefully her retirement home is named Attica.

[Doctor Raoul]

Yeah, you're right. I should have recognized it. But the Somali flag is blue (lighter shade?) and white. A star on a solid field.

[GRRRRR]

Let's ROLL!!

Eagles UP!

Freepers RULE!

GRRRRRRRRRollin'

[Chong]

"Great to bump into you. It has been a long time."

Thanks for your kind words as always, Lori. Yes it has been too long. Like Amy said, we need to get busy for the election next year, so I suspect that we'll be bumping into each other more often.

LOVE your home page. :-)

[freekitty]

I hope these people will be held responsible for their actions.

Free Republic does not stand for hate.

[chadsworth]

ping - so you can find the thread again!

Get some directions from JustFrank, he knows where it is!

[JustAmy]

Thanks, Chads ......

I'm afraid if I unlock the door that I will never get JF back in his toolshed!! LOL

[Libertina]

Ooooh! Somebody's in trouble! Good move Jim. I support this and thank you for standing up for what is right. Again.

[patriciaruth]

I get pretty cranky when people fly airplanes full of innocent people into buildings and kill more innocent people and the emergency workers who try to save them too. I'm funny that way I guess. ;-) prairiebreeze

Locked 'n Loaded here.

I don't hate anyone, but I didn't say that I am not willing to do violence against terrorists and murderers.

On 9/11 after crying on the phone when my brother called with the news, I went from numb directly to "filled with a terrible resolve," and didn't waste time going through anger or hate.

[Free2Be49]

As a conservative, I feel deeply offended by those defamatory statements since I believe they were intended to target all conservatives; not just the owners of Free Republic.

Your success in this action will be a personal vindication for all of us conservative little guys.

[chadsworth]

The scheduled meeting by the Human Relations Commission was cancelled this evening - they could not gather a quorum to vote on any item presented. Was it due to the gov. candidates debate or a rather smug and unconcerned attitude?

Freerepublic.com LLC was present to listen to the discussion. In attendance for FReerepublic was Jim Robinson, JustAmy, notpoliticallycorewrecked, Chadsworth and the ever faithful to his family-Chris.

The HRC meeting was scheduled for 5:30 pm. The commission waited until 5:45 pm for other members to show up to establish a quorum. Since they lacked two members, the commission rescheduled the meeting for the 29th of Sept. at 5:30. The HRC indicated that there could be a discussion as a "group of citizens" but there could be no official meeting. Debbie Reyes asked us if we would like to make any comments and we indicated that since we had engaged an attorney, we would decline to make any comments. The commission indicated that they would have their attorneys present at the next meeting.

The agenda for tonights meeting can be found in the pictures, along with the HRC members and the FReerepublic attendance.

The Human Relations Commission Meeting Agenda

FReerepublic LLC members and supporters in attendance

First Three HRC Members arrive for meeting

Debbie Reyes - HRC Chairwoman

HRC members waiting on more members for a quorum to show up

The recorder was ready and waiting, waiting, waiting but no show!!!

Getting ready to adjourn- no quorum available

[ladyinred]

Twice this has been cancelled. Hmmm.

NPCW: glad to see you made it to the meeting that didn't happen! I had heard you couldn't be there so it was a surprise to see you there! Way to go!

[ladyinred]

You can post all you wish Canis, I was simply expressing my own opinion on this as I am one who was on the news. The clip you saw is one of the most favorable indeed, but they haven't all been sorry to say.
I can't really go into a lot of this right now, but suffice to say, some of us may be harmed by the false accusations in our businesses. That is all I feel I should say at this point, but by all means, You should feel free to voice your opinions here, and I didn't intend for you to think I was saying you shouldn't!

[ladyinred]

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.

Thanks, this is my point exactly

[at bay]

Every member willing to, should be allowed to join the suit as a named individual. No one calls me part of a hate group without answering in federal court. There may be liability under USC 1983, acting under color of authority. I don't go looking for trouble, but when confronting evil one can expect unfounded backlash from many.