Publisher's
statement Statement by Cal Beverly,
editor and publisher of The Citizen:
Though
he puts a distorting spin worthy of Bill Clinton
on his statement about dismissing the libel
lawsuit against The Citizen, former Peachtree
City Attorney Jim Webb basically admits what was
evident from the start: He has no case.
Mr.
Webb said to my face that he miscalculated in
filing the suit against the paper, me and letter
writer Steve Brown. Webb said he thought the suit
would stop us publishing articles and letters
unfavorable to him and his law firm. Obviously,
his intimidation tactics failed.
In
his statement he attributes the whole controversy
to a plot motivated by ulterior
motives and political aspirations. While
there may be all sorts of plots and political
motivations out there, The Citizen and I were not
party to any of them.
We
simply published some letters to the editor about
the appearance of a conflict of interest
involving City Attorney Jim Webb and his foray
into the banking business with local developers
who either had sued or were in the process of
suing the very city Webb was supposed to be
defending.
Had
Webb so chosen, we would have published any
letters written by Webb explaining or defending
his choices. He chose instead to attack with a
lawsuit, which his partner Rick Lindsey promised
would be long and expensive. In doing so, Webb
attacked one of this country's fundamental
freedoms embodied in the First Amendment to the
U.S. Constitution.
His
attack was doomed to fail, as he should have
known from the beginning. But he and his law firm
who make their living by suing people
decided to punish the letter writer and
this paper for daring to question the propriety
of this public official's actions in regard to a
public matter.
They
intended to make us pay for expensive attorneys
to defend our basic right to freedom of the press
and freedom of expression contained in an opinion
in a letter from a private citizen about the
operation of his city government.
So
far Webb's calculated attack on freedom has cost
this paper and its insurance carrier more than
$6,000, and has cost Brown an unknown amount.
What
Mr. Webb's statement, published elsewhere in this
issue in its entirety, fails to mention is that
this paper has filed a countersuit against Webb
and his law firm for engaging in abusive
litigation. Our countersuit charges Webb and firm
employed what is called a slap suit to deter us
from exercising our First Amendment rights. We
are currently considering whether to continue
that counterclaim to compel Webb and his firm to
pay for our attorneys' fees and damages. That
decision will be made in the next several days.
In
his statement, Webb never addresses the central
issue: The propriety of his starting a business
with developers who have sued or are suing Webb's
client at the time, Peachtree City.
I
note that Webb decided to dismiss his lawsuit
within days of our putting him and his partners
under oath in scheduled depositions in connection
with this suit. The dismissal also comes just
days after we filed open records requests with
Peachtree City, the state Insurance and Banking
Board and law enforcement agencies concerning
past investigations into Webb's business
practices.
If
I could draw any conclusions, I would say that
Webb and firm are trying to get out while the
getting is good. Cal Beverly
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