Wednesday, August 14, 2002

Re: Harold Bost's letter to the editor in Vol. IX, No. 495 dated Wednesday, Aug. 7, 2002.

Our law firm represents Fayetteville-based Integrated Science and Engineering, Inc. ("ISE") and its president, Dan Davis.

On Aug. 7, 2002, you published a letter to the editor from [former Fayette County Commission Chairman] Harold Bost. This letter contains false and defamatory statements about ISE and Mr. Davis.

The letter falsely states that Mr. Davis came before the Fayette County Commission in rezoning matters on behalf of ISE clients "many times" while one of ISE's employees, Robert Sprayberry, served as a county commissioner. The letter also states that Mr. Sprayberry "did not abstain from the discussion and vote on these petitions by Mr. Davis." (emphasis in original).

Both of these statements are absolutely false. In fact, Mr. Davis appeared before the Fayette County Commission only once on behalf of an ISE client during Mr. Sprayberry's tenure as a commissioner. On that single occasion, Mr. Sprayberry did, in fact, abstain not only from voting on the rezoning petition, but also abstained from engaging in any discussion about it.

While Mr. Davis did appear before the Fayetteville City Council during Mike Wheat's tenure as mayor on rezoning petitions sought by ISE clients, the letter further falsely states that Mr. Wheat never "abstained" from voting, nor did he ever "den[y] Mr. Davis' request." The letter characterizes these so-called facts as an "insider buddy deal." Yet, the mayor of Fayetteville has no voting power on zoning matters or any other issues decided by the City Commission [sic], and thus necessarily "abstained" from any votes on rezonings requested by Mr. Davis for ISE clients.

My clients pride themselves on their excellent professional reputations and the false statements published in your newspaper are defamatory per se under Georgia law. Mr. Davis and ISE demand that you retract these false statements in the next edition of your newspaper.

Charles A. Hawkins

Troutman Sanders LLP

Atlanta

[The editor replies: We are still scratching our heads about the attorney's charge that Mr. Davis was defamed just by being mentioned in connection with criticism of two former public office holders, one of whom currently holds an appointive city office and the other who is currently running for a seat on the county commission.

The Bost letter available on our web site at www.TheCitizenNews.com expresses opinions about the official conduct of those two elected officials who acted in their official capacities. The letter says nothing defamatory about Mr. Davis, who, his lawyer admits, has appeared as an agenda speaker in multiple public meetings before at least one of those public officials and in at least one public meeting before the other official, an employee of Davis at the time. Incidentally, both former office holders criticized have letters in this edition of the paper.

Surely, Mr. Davis's attorney knows, or should know, that Mr. Davis has thrust himself onto the public stage many times in sometimes controversial circumstances involving rezonings and land use decisions. One cannot seek out and present oneself in public forums as an advocate for particular issues and then cry "foul" when someone else makes fair comment about those public appearances.

That said, we are pleased to print Mr. Hawkins' advocacy on behalf of his client, Mr. Davis. We have not fact-checked Mr. Hawkins' letter to ascertain if every statement he makes is provably factual, just as we do not fact-check other writers in the Letters pages.

These are pages of opinion. Just days remain before some hotly contested local political races are decided by local citizens exercising their ultimate right of opinion in our democratic republic the right to vote our opinions. This is the rough and tumble of democracy at work on these pages. Therefore, we respectfully decline to retract anything. Cal Beverly.]

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