Phyllis Threatens to Sue

Phyllis Daugherty through her lawyer, Jeffrey Zander, has sent me a 4 page Cease and Desist letter demanding I take down all posts about Phyllis that are negative unless I can prove the allegations. That goes for any anonymous comment regarding her or her organization which I cannot personally prove, which he also demands to be removed.

He also wants all emails I have sent to anybody about her, I guess forever.

Right now my scanner software is not working, otherwise I would scan and post his demand letter.

He also demands I apologize to her.

Here is my take. In my opinion her proposed programs, legislation and opposition have led to the unnecessary death of many animals, and her protest on the issue of increasing the pet limits should be exposed and opposed, which I have done and are public record. Indeed, due to Phyllis's deep political involvement over many years, as well as writer of frequent op ed pieces in the Daily News and I assume elsewhere, as well appearing at every LAAS Committee meeting, I believe she would fall into the category of a public figure, and thus exempt from many of the libel protections given someone not so publicly involved in the public process. 

However, I have never met her, and some say she generally is an amicable lady who often proposes good legislation too, and who has an enormous knowledge of LAAS.

I will be more circumspect, not only out of fear of lawsuits, but because I recognize I should be more tactful. I do not know the law regarding posting of anonymous comments, but I do believe the mere posting of them does not mean I agree with them at all, but that appears to be what her lawyer implies; I am equally guilty. He may be right, I am no lawyer.

As to her organization, I know nothing, including what information she has filed with what agency, but any such information is easy to find in a few minutes on the Internet, but I do not plan to search out any such information, as I have many better things to do.

I have received one comment that appears to be from Phyllis, and I do have the IP it was mailed from, but I cannot prove it was from her and I did assume at the time it was from her because the comment supported her position in language similar to her own. I rebutted that comment too. If I knew the IP of her computer, I could exclude her as the author. Her attorney stated she made no such comment.

I should not have been so hostile in my comments.

Phyllis, I apologize. 

I have removed the stuff your lawyer wanted me to remove. I don't intend to seek out any proof of negative allegations about you. I don't have the energy or time, nor do I see a need.


Karen said...

Ed, I have a blog and a lawyer. If the comments are moderated then the blog admin is legally responsible. That makes me very cautious about what I put up. The days of character assasination on the internet without consequence are over. I get frequent hate comments about various issues and even though I may agree, I don't post them.

Anonymous said...

The price of "free" speech: $200 an hour, payable to your lawyer.

Anonymous said...

If you get sued, I will represent you for free. You've posted your opinion and the truth. So have other posters.

Anonymous said...

The animals would like to file a cease and desist against Phyllis.