Thursday, 25 April 2024

Watkins: Showdown coming over libel suit

The emperor strikes back! Yes, the emperor (Clear Lake Riviera Homeowners Association) not the empire. The Riviera Little Boy said the emperor didn’t have new clothes but was walking up and down the streets of the Clear Lake Riviera buck naked. The emperor was red hot angry when the Record-Bee printed four commentaries written by the Riviera Little Boy about illegal operations in his empire. The cowardly emperor, reclining comfortably in his ivory tower, refused to come out and participate in public debate. He decided to SLAPP (Strategic Lawsuit Against Public Participation) the Record-Bee and the Little Boy.


Yes, President Alan Siegel, First Vice President Sid Donnell and board member Sandra Orchi, sued the Record-Bee and the Little Boy for libel! The stage is set for a big showdown. Lake County, and indeed the whole world, should pay attention to this engagement. The Record-Bee and the Riviera Little Boy will fight for freedom against a mighty naked emperor and suppressive tyranny.


It won’t be at high noon, nor will it in the OK Corral. Guns will disseminate fiery flames in the Lake County Courthouse. Crackling sounds of gunfire will be heard and clouds of gun smoke will fill the room on Nov. 6 at 9 a.m. Through the haze, anyone brave enough to sit up front might just might catch a glimpse of the emperor’s ugly face and naked butt.


Wearing his usual old black clothes, the emperor will draw first. Filling both hands with shiny and dreadful guns of tyranny he’ll spray the room with shut-up-little-boy bullets. Those who come to see the show will hear libel screaming from lips but hear the emperor’s heart say, please don’t print anymore stories about my nakedness, Little Boy and Record-Bee. Unfortunately for the bad guys, dastardly deeds will not be ignored.


Used to having his way with the elderly and retired homeowners in the Clear Lake Riviera, the emperor will be surprised when the little boy shoots back. Taking aim with his Freedom of Speech Winchester 30/30, he’ll fire his right-to-challenge-a-government-action bullet straight for the heart of board President Alan Siegel. Drawing a bead on first Vice President Sid Donnell he'll launch a petition-for-redress-of-grievances bullet and knock him down. When Alan and Sid are on the ground, the Freedom of Speech Winchester will belch a final forbidden-intrusion-on-the-field-of-free-expression bullet in the direction of go-along-to-get-along board member Sandra Orchid.


Then, big freedom of the press Gatling guns of the Record-Bee will open up. A devastating volley of the-greatest-menace-to-freedom-is-an-inert-people shells will explode on the head of shut-up-little-boy President Alan Siegel. Participating in the political process by political commentary is to be encouraged in a democracy, not sued, the Record-Bee will say. Another battery will fire, in-a-democracy-the-state-should-not-be-able-to-use-the-force-of-law-to-maintain-its-reputation missiles toward first Vice President Sid Donnell. This used to be done in Europe where legal codes came from feudal codes designed to protect the king. Those who come to watch will hear the Record-Bee’s third battery fire its high explosive the-first-amendment-protects-citizens-from-seditious-law-suits bombardment in the direction of Sandra Orchid.


Finally, the little boy will bring out his tactical nuclear weapon, CA Code of Civil Procedure 425.16. (a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly. (b) (1) A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue … A shocked and awed audience will move back when the mushroom cloud rises over the villains. With indignation, the Little Boy will repeat, “It's against the law to sue for libel against “… any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue ...”


The Record-Bee and Riviera Little Boy have other weapons in their arsenal. They may explode the bombs of abuse of process, violation of constitutional rights, violation of civil rights, intentional or negligent infliction of emotional distress, defamation or other counter claims in law suits of the future.


People will cheer when the emperor’s iron curtain of silence is lifted from homeowners of the Clear Lake Riviera.


Darrell Watkins lives in Kelseyville. He and the Lake County Record-Bee have been named in a defamation and libel lawsuit by Sid Donnell, Alan Siegel and Sandra Orchid. The case will be heard in small claims court in Lakeport on Nov. 6.


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