City Commissioner TODD NEVILLE ruined the era of good feeling after our 450th anniversary celebration by illegally using City Attorney's services for his private agenda, threatening a libel lawsuit against Historic City News and Michael Gold -- an illegal SLAPP lawsuit in violation of Florida law and the U.S. Constitution. Here's a photo of NEVILLE taking the oath of office to uphold the U.S. and Florida Constitution and laws, which oath he appears to have violated. What do you reckon?
There was an "era of good feeling" evening at St. Augustine City Commission, with praise for the 450th. Commissioners amiably rescheduled a meeting set for September 17, 2015 that would have violated Florida Sunshine Laws, as I requested on September 12th, see letter here:
Then, Commissioner TODD NEVILLE (R-Proctorville) viciously attacked "local blogger" MICHAEL GOLD, demanding that the City pay for a bogus libel lawsuit. Incredibly the City Attorney did not tell him this would violate the First Amendment, subject the City to civil rights liability, and run afoul of Florida's recently amended anti-SLAPP law, which states in pertinent part:
"768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited.—
(3) A person or governmental entity in this state may not file or cause to be filed, through its employees or agents, any lawsuit, cause of action, claim, cross-claim, or counterclaim against another person or entity without merit and primarily because such person or entity has exercised the constitutional right of free speech in connection with a public issue, or right to peacefully assemble, to instruct representatives of government, or to petition for redress of grievances before the various governmental entities of this state, as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution."
Here's my e-mail sent to NEVILLE, Commissioners and City staff:
-----Original Message-----
From: easlavin
Sent: Mon, Sep 14, 2015 11:14 pm
Subject: CITY COMMISSIONER'S ILLEGAL "SLAPP" SUIT DEMAND AGAINST MR. GOLD and HCN; please keep time records on libel issue and bill TODD NEVILLE (Request No. 2015-337)
Dear Mayor Shaver, Vice Mayor Horvath, Commissioners Sikes-Kline, Freeman and Neville, Mr. Regan, Ms. May, Ms. Lopez, Mr. Graham and Ms. Ratkovic, et al.:
1. Please agree to keep time and expense records on all City time, equipment and funds spent on consideration of a libel lawsuit against Mr. Michael Gold and Historic City News. (Request No. 2015-337).
2. There was discussion at tonight's City Commission meeting of our City's involvement in champerty and maintenance of a libel lawsuit with government funds, time and equipment.
3. This appears to be unethical, unseemly and unconstitutional
4. Our misguided City Attorney, Ms. ISABELLE LOPEZ has already sent a September 8, 2015 threatening letter to Mr. GOLD demanding "a retraction" on Commissioner TODD NEVILLE' s behalf.
5. City Attorney ISABELLE LOPEZ's unethical letter was an ultra vires act and a breach of fiduciary duty.
6. This is waste, fraud and abuse. It also insults all St. Augustine residents, sent as it was by City Attorney ISABELLE LOPEZ on September 8, 2015, the 450th anniversary of the founding of our Nation's Oldest European-founded City.
7. Please send a bill to Commissioner TODD NEVILLE for all City staff time spent upon this unAmerican activity.
8 . Libel actions are personal to the individual; they are not filed by government organizations, and for good reasons -- New York Times v. Sullivan, 376 U.S. 254 (1964).
9. Thus Commissioner TODD NEVILLE's bizarre, unconstitutional proposal now subjects him to potential recall by the voters. F.S. 100.361.
10. Commissioner TODD NEVILLE's thin-skinned attack on Mr. Gold's personal opinions in HCN is actionable under both Florida and federal law. Our Florida state legislature recently upgraded our State's protections against such unAmerican, indecent and thin-skinned attacks on First Amendment rights, stating in pertinent part:
768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited.—
(1) It is the intent of the Legislature to protect the right in Florida to exercise the rights of free speech in connection with public issues, and the rights to peacefully assemble, instruct representatives, and petition for redress of grievances before the various governmental entities of this state as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. It is the public policy of this state that a person or governmental entity not engage in SLAPP suits because such actions are inconsistent with the right of persons to exercise such constitutional rights of free speech in connection with public issues. Therefore, the Legislature finds and declares that prohibiting such lawsuits as herein described will preserve this fundamental state policy, preserve the constitutional rights of persons in Florida, and assure the continuation of representative government in this state. It is the intent of the Legislature that such lawsuits be expeditiously disposed of by the courts.
. … (3) A person or governmental entity in this state may not file or cause to be filed, through its employees or agents, any lawsuit, cause of action, claim, cross-claim, or counterclaim against another person or entity without merit and primarily because such person or entity has exercised the constitutional right of free speech in connection with a public issue, or right to peacefully assemble, to instruct representatives of government, or to petition for redress of grievances before the various governmental entities of this state, as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. (full text below)
11. As a former prevailing news media libel defendant during the 1980s -- who won five-figure settlements against convicted felon Anderson County, Tennessee Sheriff Tennessee Sheriff DENNIS O. TROTTER, et al. as a result of a bogus libel lawsuit against me as Appalachian Observer Editor -- you should listen to my advice. I know something about libel law.
12. The City and TODD NEVILLE could be held liable for judgments for malicious prosecution of a civil lawsuit and abuse of civil process and civil rights violations.
13. Let me quote the best legal advice that the great American diplomat Elihu Root ever gave his corporate clients: "You're damned fools and you should stop!"
14. Or as my late Irish-Bavarian grandmother would say, "DROP THE OYSTER AND LEAVE THE WHARF!"
Thank you.
With kindest regards, I am,
Sincerely yours,
Ed
Ed Slavin
www.cleanupcityofstaugustine.blogspot.com
904-377-4998
The 2015 Florida Statutes
Title XLV
TORTS
Chapter 768
NEGLIGENCE
View Entire Chapter
768.295 Strategic Lawsuits Against Public Participation (SLAPP) prohibited.—
(1) It is the intent of the Legislature to protect the right in Florida to exercise the rights of free speech in connection with public issues, and the rights to peacefully assemble, instruct representatives, and petition for redress of grievances before the various governmental entities of this state as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution. It is the public policy of this state that a person or governmental entity not engage in SLAPP suits because such actions are inconsistent with the right of persons to exercise such constitutional rights of free speech in connection with public issues. Therefore, the Legislature finds and declares that prohibiting such lawsuits as herein described will preserve this fundamental state policy, preserve the constitutional rights of persons in Florida, and assure the continuation of representative government in this state. It is the intent of the Legislature that such lawsuits be expeditiously disposed of by the courts.
(2) As used in this section, the phrase or term:
(a) “Free speech in connection with public issues” means any written or oral statement that is protected under applicable law and is made before a governmental entity in connection with an issue under consideration or review by a governmental entity, or is made in or in connection with a play, movie, television program, radio broadcast, audiovisual work, book, magazine article, musical work, news report, or other similar work.
(b) “Governmental entity” or “government entity” means the state, including the executive, legislative, and the judicial branches of government and the independent establishments of the state, counties, municipalities, corporations primarily acting as instrumentalities of the state, counties, or municipalities, districts, authorities, boards, commissions, or any agencies thereof.
(3) A person or governmental entity in this state may not file or cause to be filed, through its employees or agents, any lawsuit, cause of action, claim, cross-claim, or counterclaim against another person or entity without merit and primarily because such person or entity has exercised the constitutional right of free speech in connection with a public issue, or right to peacefully assemble, to instruct representatives of government, or to petition for redress of grievances before the various governmental entities of this state, as protected by the First Amendment to the United States Constitution and s. 5, Art. I of the State Constitution.
(4) A person or entity sued by a governmental entity or another person in violation of this section has a right to an expeditious resolution of a claim that the suit is in violation of this section. A person or entity may move the court for an order dismissing the action or granting final judgment in favor of that person or entity. The person or entity may file a motion for summary judgment, together with supplemental affidavits, seeking a determination that the claimant’s or governmental entity’s lawsuit has been brought in violation of this section. The claimant or governmental entity shall thereafter file a response and any supplemental affidavits. As soon as practicable, the court shall set a hearing on the motion, which shall be held at the earliest possible time after the filing of the claimant’s or governmental entity’s response. The court may award, subject to the limitations in s. 768.28, the party sued by a governmental entity actual damages arising from a governmental entity’s violation of this section. The court shall award the prevailing party reasonable attorney fees and costs incurred in connection with a claim that an action was filed in violation of this section.
(5) In any case filed by a governmental entity which is found by a court to be in violation of this section, the governmental entity shall report such finding and provide a copy of the court’s order to the Attorney General no later than 30 days after such order is final. The Attorney General shall report any violation of this section by a governmental entity to the Cabinet, the President of the Senate, and the Speaker of the House of Representatives. A copy of such report shall be provided to the affected governmental entity.
History. — s. 1, ch. 2000-174; s. 1, ch. 2015-70.
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