Friday, May 11, 2007

Pomona City Attorney Threatens Foothill Cities

[NB: Our regular coverage of the FC, including the latest on outsourcing Pasadena news to India, continues below this post, but we thought it sufficiently important to keep this at the top of the page.]

[Also, if you click on the images, they link to a higher-resolution version of the letter, which should be legible.]


A while ago we floated some rumors circulating via email concerning certain goings on in Pomona's city hall. We figured the accusations were so far out there that they wouldn't cause any harm, and we figured we'd learn more about what was going on by asking our readers about them. We also sent emails to all the parties concerned. We eventually decided that posting the name of one of the parties in question would be unfair, so we removed the name of that city employee from our little blog. Although we were able to maintain private email correspondence with that person, the City of Pomona made sure that all our emails to city officials were sent back to us as spam.

Some time passed, and (it seems) the City Manager did comment on our blog, although he made an unintentionally amusing spelling error in the process. What became clear from some of our comments and emails was simply that there were people out there who really didn't like the City Manager, and they were either telling bald-faced lies or something close to the truth. Other than that comment, we got nothing even close to official from anyone in the city. Until yesterday.

We've decided to remove almost all the posts concerning this incident from our "web-site publication," as the city attorney called Foothill Cities in his uncharitable letter-in-a-pdf file to us yesterday. He sent it, he says, "on behalf of the city and the parties named in your recent 'blogs.'"

I don't think we've done anything wrong, and I think we would likely be fine facing the threatened "legal consequences." But, of course, such a process would be time consuming and costly—assuming the city actually carried through with it—and, frankly, considering this is a very part-time gig, and we don't exactly have the resources the city of Pomona does, we're going to let Goliath win this one. If you want to know what this whole matter stemmed from, we've kept our original post online, which you can see here.

Feel free to discuss this matter with us further via our "web-site publication." You can name us all you want in your "blogs." And keep your tips coming via email. I'll be out of town this weekend, but I'll have more to say on this matter and the recent Pasadena Now outsourcing of local news to India first thing Monday.

78 comments:

Anonymous said...

Kinda sensitive, aren't they? It tells me you are onto something.

It's been awhile since my law school classes on libel, but I think with a public figure such as a city manager the standard would be that the information not only be false, but that the alleged libelist know that it is false.

I don't know that one can just watch "Absence of Malice" and learn everything you need to know.

Seems to me that the City Attorney has thrown a little gasoline on this fire and that a "responsible journalist" ought to take notice.

Anonymous said...

Sometimes even I'm amazed. So a little chatter on your site provokes a "cease and desist" letter. That's excellent p.r., by Pomona, especially if you want the press to wonder what's the hub-bub. Like I am now.

Anonymous said...

Hey Pomona City Attorney! Time to brush up on what contstitutes libel!

More importantly, time for your to brush up on Politics 101 - don't make yourself look like an ass and bring more attention to problems in your city government by writing stupid missives like that letter.

Certainly, your office has more pressing matters than to attack an upstart blog.

Pathetic.

Anonymous said...

the CA letter is unreadable and too small..can you print the text?

Anonymous said...

Don't back down. You can avoid a court fight and still win one for the New Media by embarrassing the hell out of these pompous jerks.

Anonymous said...

Darn, if only you'd blocked e-mail from Pomona so that they got this back as spam!

Anonymous said...

The only reason a City Atty would send this kind of BS letter, is that the accusations are very true..and that they are covering up the whole slimy matter. What scum!

Anonymous said...

Cease and Desist is a Harmless you have lied letter..please stop.

FC you have been validated and should be flattered isn’t that what you wanted all along?

I think it is romantic

Anonymous said...

No wonder Pomona's such a sad and scary place to live. The neighborhoods are overrun with gangs, yet the City Attorney is spending his time threatening lawsuits against a blog that's simply reporting on the sudden retirement of a City Manager -- one who just a few months ago fought like heck to keep his job.

Anonymous said...

the supreme court has already ruled on this issue.... the only people that they can sue are the person who made the accusation in california that is... If a commenter made the accusation , then the only person liable is the commenter and if they can't find the commenter then they can't sue the blog.

The decision has already been made.



http://www.msnbc.msn.com/id/15817955/

Anonymous said...

...too bad your blog is "foothill cities", i'd love to see your take on the fools who run west covina...

Anonymous said...

Political Reform Act of 1974: May be liable in a civil action for libel or slander
City Manager is not an elected official so while you can slander Mayor Norma, The City Manager’s threshold for slander is much lower..
Wow, the blogosphere has hammered the hell out of this issue.

The Pasadena Pundit said...

Coincidence?
A frequent contributor to a well-known opinion blog in Pasadena concurrently submitted a post to that website and the Pasadena Star News as a letter to the editor on May 11. Reportedly, the Star forwarded the letter to the editor to the City of Pasadena which subsequently requested the letter writer withdraw the letter from consideration of publication as it was deemed "inappropriate." The letter writer also requested the Pasadena blog to remove the prior posting. Newspaper editors are now going to use government to beat up on bloggers?

Anonymous said...

Greenlight,
I like the "reportedly" part because no newspaper would ever use the govt to silence anyone. Editors have discretion over what gets published;no one has a right to be published in any newspaper.

Patrizzi Intergarlictica said...

Poormoana.

Congrats FC on the C & D letter. It couldn't come at a better time--during this media blitz.

Anonymous said...

Congratulations on the articles in both the Tribune and Daily Bulletin. It's hard to fight City Hall, but I hope you guy (gal?) hang in there. Awful silly of the City Attorney to bring such attention to this issue so long after it had died down!

Unknown said...

Centinal and Publius, you guys are doing good work here. I'm so glad you're out there writing! What a dumb thing for the city of Pomona to do.

The Pasadena Pundit said...

"I like the "reportedly" part because no newspaper would ever use the govt to silence anyone." - Comment posted by "Edward" (Barrera), City Editor at San Gabriel Valley News.
Reply: Mr. Barrera - what planet have you been living on? Have you ever heard of the Valerie Plame affair? Or William Randolph Hearst?

The Pasadena Pundit said...

More on Edward (Barrera): Is it ethical for a newspaper editor to share the contents of a letter and identify the letter writer to a City government? You be the judge?

Unknown said...

Check out NY Times v. Sullivan (1964). In that decision, the court said, "no court of last resort in this country has ever held, or even suggested, that prosecutions for libel on government have any place in the American system of jurisprudence," or, in plain English, the City Attorney is full of crap.

DWPittelli said...

Check out the Volokh Conspiracy on this.

http://volokh.com/archives/archive_2007_05_06-2007_05_12.shtml#1178919974

Anonymous said...

Here is a link to the Volokh thread on Pomona. Thanks to dwpittelli:

Volokh Conspiracy Thread on Foothill Cities

Anonymous said...

Congratulations you made it to the big time, there was probably a time you thought nobody really cared what a part-time blogger said on his samll space in the cyber-world.

I wish I could get a letter from a city attorney, then I would know I was somebody important !!!!

a Duarte Nobody

Mayor Sam said...

Keep at it FC. We are behind you 100%. Don't let these bastards get you down!

Anonymous said...

The city atty should go back to law school. He and his city manager and his young grilfrined are all jokes..
Doug brought this on himself.

JM Hanes said...

Edward: "I like the "reportedly" part because no newspaper would ever use the govt to silence anyone."

LOL! One of the earliest and most famous legal attempts to take down a blogger was initiated by The New York Times....

Anonymous said...

As a Local Pasadena Criminal Lawyer I think this kind of behavior coming from a city official is unacceptable, someone should contact the district attorney?

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