SLAPPed down by supervisor
By: PAUL JACOBS - For The Californian | ∞
I suppose I should be grateful I didn't get Tasered and arrested for my act of free speech.
Supervisor Jeff Stone only attempted to instigate a SLAPP suit against me at last Tuesday's public board meeting. The acronym stands for Strategic Lawsuit Against Public Participation and it has a chilling effect on a free and open democracy.
It's not unusual for me to deliver three minutes of public comment when the county supervisors are contemplating buying more voting equipment from the vendor that has been the exclusive supplier of the county's election system since 1999.
In last Tuesday's comment, I questioned the county's loyalty to Sequoia Voting Systems, even as the board finds itself in the same quandary. The supervisors have twice sent the registrar out of their chambers to negotiate a better deal in the county's purchase of six central optical ballot scanners for $560,000.
The discussion of this agenda item went on for two hours with Registrar of Voters Barbara Dunmore and Sequoia Representative Steven Bennet sandwiching the time for public comments.
In an incredibly blatant attempt at intimidation, Stone referenced a comment I made regarding the secretary of state's report on Sequoia and said to Bennet, that's a "very powerful statement to make against a company," and asked, "How do you respond to individuals who come to conclusions like that?"
Bennet discounted Stone's leading question by saying "a lot of people have opinions" and went on to discuss Sequoia's response to the secretary of state, but the supervisor pushed his point a little further by saying, "To me (it's) kind of a defamatory statement to make against a company and maybe we should require (Jacobs) to provide evidence ..."
Finally, Stone said to Bennet, "We need for you, in a layman's way, be able to counter very libelous statements like that, that really undermine the confidence that our citizens have in your equipment," and said he hoped the company would be more proactive "so that the public can understand the gravity of these allegations."
What in blazes has happened to the state of our democracy when a county supervisor tries to goad a private company into taking some action against a resident speaking at a public hearing?
Stone didn't intimidate me, but I worry that residents viewing the proceedings are now a lot less likely to exercise their right to free speech at a public meeting of their government. And for that, Mr. Stone should be ashamed.
Stone's line of questioning and comment concerning me had nothing to do with the county's negotiations with Sequoia and everything to do with silencing the voice of critics of county policy. By using the words "defamatory," "evidence" and "libelous," Stone was obviously intimating a threat of litigation.
After a little Internet research, I discovered California Civil Code section 47 that "establishes a potent privilege for oral and written communications as well as activity made in any official proceeding." By being "privileged," communication in a public meeting is not subject to charges of slander or libel.
I have seen some political maneuvering in my time, but even without a Taser, Stone may have hit a new low in abusing the power of office to try and keep residents in their place. I think this earns Stone an inaugural place in the Mockery of Democracy Hall of Shame.
Paul Jacobs of Temecula is a regular columnist for The Californian. E-mail: TemeculaPaul@aol.com
More Stories
Advertisement
stuff happens wrote on Sep 23, 2007 7:52 AM:I have never been a big fan of Stone but sometimes when you beat a dead horse to death there is always the danger it may fall on you.-
Huh? wrote on Sep 23, 2007 11:01 AM:Did they forget about the public process and free speech in an open forum? Sure sounds like it. Maybe you should have mentioned malicious prosecution in response?/
The future wrote on Sep 23, 2007 1:33 PM:They'll push the quarry by Granite the same way. Just another day in Riverside County./
Roberto1 wrote on Sep 23, 2007 8:36 PM:Good ole corrupt Riverside County. Don't bother participating because its a waste of time. Expend all your effort on ousting the incumbents and none on trying to reason with them. They can use the corrupt district attorneys office any way they wish for the right trade-off IMHO./
juancarlos wrote on Sep 24, 2007 12:38 PM:Stone is, was, and will always be devoted to Stone first and Stone last. ... just as he was in Temecula when he used his position on the city council as a bully pulpit. Bully then, bully now./
Equal Rights wrote on Sep 24, 2007 3:14 PM:Wouldn't it be great to be able to run around making scurrilous remarks without being challenged? I guess Jacobs thinks Democracy should only protect his right to speak his opinion. Besides, if the law is protecting Jacobs' speech, what's the problem besides using this column as a vendetta vehicle? /
juancarlos wrote on Sep 24, 2007 4:28 PM:Stone has a history of trying to stiffle opinion that differs from his, and scurrilous remarks are his main weapon. Now HE'S upset? /
Equal Rights wrote on Sep 24, 2007 7:17 PM:Come on, juancarlos, if you can't come up with your own original words, you could at least provide quotation marks. Besides, I don't see anything here that indicates Stone is upset in the least. Just because he thinks Jacobs is a misguided blowhard on a self-appointed mission to "preserve democracy" doesn't necessarily mean he's angry about it. It's just business.
Michael wrote on Sep 24, 2007 10:59 PM:Congratulations to Mr. Jacobs for recognizing a SLAPP suit in the making. I was SLAPP sued in Orange County by Integrated Healthcare Holdings for private a email suggesting they were in financial trouble (Google: IHHI v Fitzgibbons). They are still in financial trouble--see OCWeekly and LA Times, 9/22/07. That's my opinion and the Appellate Court of Appeals ruled that I can have that opinion. I beat Integrated Healthcare in court and they were ordered to pay my $150,000 in legal fees. Think it can't happen to you? Bet you'll think twice before opening your mouth to digest legal fees that run $20,000 per month...before you even get to trial. That's the goal, shut you up. SLAPP suits stifle democratic speech and the open discourse necessary to reach the best solutions in a free society. Diversity of opinion protects us all from error. Just like it protects patients in hospitals. Always check your facts, take care what you say in email, copy emails to public officials (protected speech), and get business insurance that protects from slander and libel lawsuits. You can countersue if you win. It's a tough road, but whether it's voting machines or hospital infections the public must be protected by an alert citizenry. Freedom isn't free. MF MD
juancarlos wrote on Sep 26, 2007 1:49 PM:Come on indeed, Equal Rights. You used the correct word (scurrilous). It's not a word you originated. Given your attitude all words used by anyone would have to include quotation marks. Get a grip. And Stone does have a history of trying to stiffle dissent.
Roberto1 wrote on Sep 28, 2007 8:37 PM:You can be sued for anything by anyone....winning is another matter. To often naive citizens believe we live in a democracy (Al Gore won the election Bush is President) People like Stone (in my opinion) can use tax dollars while you risk losing everything to make a point. Better not to participate in giverment proceedings.
First name only. Comments including last names, contact addresses, e-mail addresses or phone numbers will be deleted. Attempts to misrepresent your identity or impersonate any person will not be approved. All comments are screened before they appear online, so please keep them brief. Comments reflect the views of those commenting and not necessarily those of the North County Times or its staff writers. Click here to view additional comment policies.
Today's Stories
Advertisement