Some Legal Advice for the City of Ludington and Their Daily News

I found this garbage in my local newspaper today, the COLDNews.  Another one of their pieces on me, much like every other one put out by that newspaper concerning me since 2010, putting me in an unfavorable light, disseminating factually inaccurate data, and allowing the subject of a lawsuit involving first amendment retaliation, among other things, to make inflammatory charges against a Ludington citizen.

The super-heading says "The City Calls it Harassment".  When I first read that, I thought, "WOW, they are finally admitting it !?".  But I took it out of context, when I read more and found that "The City" otherwise known as City Manager John Shay, said "It just seems to us a continued harassment of the city."

WOW, again.  The pronouns "it" and "us" had no reference, and just how do you "harass a city"?

The legal definition of "harassment" found in the State's Penal Code:

“Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

MCL 750.411h(c)

My lawsuit in this thread, describes such harassment, and John, it is not directed at the "City"; the "City" is giving it, not getting it.

John, you may like to think my comments in The Ludington Torch, my speeches at the City Council meetings, and my FOIA requests are upsetting the country club atmosphere of City Hall, and making it harder for the corrupt officers therein to get away with Constitutionally-restricted activity against the public's interest are forms of 'harassment' to the "City".

My comments here, my words in your hallowed hall, and my FOIA requests are all constitutionally protected activities designed to get factual information, and get that information out to the people.  Your designs are part of the record, and show you want quite the reverse.

This article where you try to continue the myth about "providing a safe working place for its employees", only illustrates that you still don't get it.  Insinuating I am, or ever was, some danger to the employees of City Hall and the Ludington Police Department is not only part of a pattern of continued harassment, but only reinforcing the assertions of my lawsuit even more.  I have threatened nobody, have nothing violent in my history, and I am probably one of the biggest pacifists around.

And I would lastly caution the COLDNews to be careful in their alliance with the "City"; you are not immune from being sued yourself if someone can show evidence of actual malice or reckless disregard for the truth in your articles.  And there has been a very noticable pattern by your reporters.

Consider that some free legal advice, my fellow citizens, that you can choose to ignore at your peril.

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Boy, how inaccurate can a paper be in reporting and printing information. Again the LDN has proven their bias toward City Hall and their contempt for the citizens who purchase their paper. I'm so glad I cancelled my subscription. This article  bears no resemblance to the actual facts and I assume they never contacted you for your side of the story. LDN sure appears to be just like the national media who continue to cover up for and lie for Obama and the Democrats. LDN is a shameful example of poor journalism.

Shay and Begnoche are trick shot artists that specialize in hatchet jobs, nothing more, nothing less, and this COLDNews article totally reinforces that statement, as it has in the past, over and over. The only time it will change is when you X win in a different venue of courts, outside MC.

Willy, no one from the COLDNews has contacted me since last November, after I was kept out of the voting booth by John Shay.  Which, of course, wasn't a story they covered.  The facts can sometimes get in the way, if your idea of a hero is John Shay.  Pardon the couplet.

Changing the way the leadership of the COLDNews thinks will involve more than just a win by me in court, Aquaman.  The only way to change their minds would be a change in their leadership.  Which could happen.

I read either in LDN or Mason County News source something about how the FOIA's are causing such a burden. Wonder if they will eat their words when the little guy (Rotta) wins this lawsuit? But hey ONLY $25k?

Maybe if someone would sue LDN for defamation of character they might sit up and take notice of their one sided, untrue articles...No wait, that won't happen since they are writing what government approves in news.

The $25,000 figure against the City of Ludington is somewhat inaccurate (surprise) in that the only count in the lawsuit against the City itself is count 4, which involves the creation of unconstitutional legislation, which calls for a minimum of $25,000.  Count 5 would also be applicable in part to the City as well, which asks for a minimum of $50,000, and of course, the injunctive relief calls for the annulment of the City's Workplace Safety Policy.  

My attorney is mindful of my intentions to have the litigation apply more to the people involved, not the City itself, which would only have the taxpayers and the City's insurance providers foot the bill and allow the Shay-Henderson machine to continue trampling over people's rights, safety, and property without missing a beat. 

The City will never fight the lawsuit if they think they have any chance of losing. That means you may be offered an out-of-court settlement.

That possibility must have crossed your mind already. Is that something you have been anticipating? Do you think you will accept an out-of-court settlement?

Excuse me as I go into a closed session to discuss the strategy I plan on using, as per section 8e of the OMA. 

The answers to your two questions is I anticipate it, and anything is possible.

CLFD, your comment about the COL not fighting if they think they may lose lacks merit and substance. Refer to the Jack Byers case alone as a starting point if you want proofs. Of course another current case is the Joe McAdams case too. I anticipate the COL to continue in it's present mode, as it seems to be working to their advantage in the public eye and newspaper, that of whining and crying foul against X, fight this to a bitter and long conclusion, as long as they can, then just keep grinding the same axes into infinity. Reasonable conduct on their part is futile and wishful thinking only, as long as Shay and Henderson have anything to say about it that is.

Aquaman, did Jack Meyers settle? did Joe McAdams settle? is X looking for money at the expense of the taxpayer?

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