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Indybay Feature

CITY SETTLES LAWSUIT - GIVES FREE REPUBLIC $60,000

by Mike Rhodes (MikeRhodes [at] Comcast.net)
A SHORT CHRONOLOGY OF EVENTS:

* Last year the Sheriff’s department infiltrated Peace Fresno, allegedly looking for terrorists
* At the same time, a Fresno City Council member sent an email saying that if he had a dirty bomb he could eliminate all of the liberals in Fresno
* An aide to a City Council member sent an email that suggested sending “over some officers to 'Cap' these guys” (HRC members)
* Messages threatening violence against peace activists were posted on the Free Republic web site
* A Press Release was sent out warning the community about that threat of violence
* The Free Republic filed a million dollar lawsuit against the City of Fresno because of that Press Release
* The mayor and conservatives on the City Council attacked the Human Relations Commission (HRC) because of the Press Release
* And NOW the city settles that lawsuit by forcing the chair of the HRC to resign and giving the Freepers $60,000

What is wrong with this picture? Who are the real terrorists?
city_council.jpg74z5cb.jpg
CITY SETTLES LAWSUIT - GIVES FREE REPUBLIC $60,000
JEEPERS FREEPERS!
By Mike Rhodes
January 11, 2004

In September of 2003 Debbie Reyes, the Chairperson of the Human Relations Commission (HRC) in Fresno, sent a Press Release to the media to warn the community about potential violence at a Free Republic (they call themselves Freepers) rally and picnic. The Press Release referred to the Freepers as a “hate group” and encouraged the public to stay away from the area.

When the media went to the site of the rally (Shaw and Blackstone) they found 5-10 flag waving “patriots” saying that they were just there to support the president. Jim Robinson, the head of the Free Republic, played his role as a persecuted martyr very well and within two weeks went on the attack with a million dollar lawsuit filed against the City of Fresno claiming that their reputation had been damaged.

The lawsuit opened a new front in an ongoing war against the HRC by conservatives in Fresno. The conservatives hate the HRC because they are an effective force for promoting cultural diversity, they honor the role of leaders like Martin Luther King Jr, and use conflict resolution techniques to resolve problems in the community. The mayor and several City Council members don’t believe that the HRC should support workers struggling for a living wage, help to organize activities honoring MLK Jr. and Cesar Chavez, or to make the connections between the war in Iraq and poverty in this city.

Fresno mayor Alan Autry appears to have used the lawsuit as an opportunity to further attack and weaken the HRC. In the last six months he has implemented a process to redefine the HRC’s mission, cut funding to the agency, and now Chairperson Debbie Reyes has been forced to resign.

Why didn’t the City of Fresno fight this lawsuit? Why are they funding the Free Republic, to the tune of $60,000, with the taxpayers money? If this case had gone to court the issue would have been whether or not the Press Release defining the Free Republic as a “hate group” was accurate or not. Could the reason that this case never went to court be because it was never about uncovering the truth or defending the Chair of the HRC in the performance of her duties? This suit, which was filed on behalf of the Free Republic, gave Fresno mayor Alan Autry and conservative forces on the City Council leverage to weaken, destroy, and/or redefine the mission of the HRC.

The issue that brought about the Free Republic lawsuit was that the Press Release, sent by Debbie Reyes of the HRC, identified the Freepers as a hate group. How is a group determined to be a “hate group?” According to Debbie Reyes “the FBI does not have a list of officially defined hate groups.” She says that “The Southern Poverty Law Center is often cited as an authoritative source for defining who is or who is not a hate group.” Does the Southern Poverty Law Center define the Free Republic as a hate group? “Not yet,” says Reyes, “but according to Southern Poverty Law Center criteria they should be.” This lawsuit and subsequent court case could have clarified that issue.

For the record, Debbie Reyes says that she is resigning "due to a recent career opportunity that will require a great amount of my time and attention." Her new job is as an organizer for The Prison Moratorium Project organizing to stop the construction of prisons in and around the central valley.

The Fresno Bee reported on Friday, January 9 that “Council President Brad Castillo said the city never assumed liability for Reyes' comments. He said Reyes' resignation was a gesture on her part to avoid any further litigation or accusations against the HRC or its members. He also said the city is sued often. ‘It's cheaper to pay these guys $20 and get rid of them than waste an attorney's time on them,’ Castillo said.”

It is difficult to determine what the progressive community has learned from this experience. Some people believe that if the Free Republic rally had just been ignored, none of this would have happened. Is the community better off when you allow groups to spew racist, religious, or homophobic hatred without a response? That might work some of the time but not always (think Germany in the 1930's). Did we learn anything about letting the City Attorney’s office defend the legal and political interests of the progressive community? Has anyone questioned whether Council member Jerry Duncan’s role in the settlement represents a conflict of interest? Could community groups have been more supportive of the HRC and prevented the latest attacks? What is the role of the HRC when confronted with a potentially violent situation? Should they send press releases warning the community about public safety issues? Maybe there are more questions than answers right now.

If you have insights into the lessons learned in this incident, please feel free to share them by clicking on the “add your comments” button below.

For background on the HRC issue, go to:

http://sfbay.indymedia.org/news/2003/09/1646466.php
http://sfbay.indymedia.org/news/2003/06/1618902.php
http://www.indybay.org/news/2003/03/1591418.php
http://sfbay.indymedia.org/news/2003/08/1636056.php




§Jerry Duncan at Freeper rally
by Mike Rhodes (MikeRhodes [at] Comcast.net)
jerry_duncan.jpg
Does Jerry Duncan’s presence at this Free Republic rally constitute a conflict of interest?
duncan___jim_robinson.jpg
Free Republic leader Jim Robinson in wheelchair and City Council member Jerry Duncan in background at Freeper rally at Shaw and Blackstone
Add Your Comments

Comments (Hide Comments)
by reader
post info here for people to contact the city council and spread it around.

maybe start thinking about a countersuit. If the city is going to just spew money at the slightest thing, these photos seem to indicate ample evidence here for your own 60k justice . . . . not to mention the infiltration.
by SDM
Free Republic must mean sue it and you get free money. Fresno has caved; indeed Fresno is a cave in many respects. Welcome to the land where you can circulate a press release as a warning to the community about potential violence and lose your job over it!

Let's face it: the powers that be were looking for a way to trim the feathers of the HRC and this is the excuse they used. It's a sad day in Mudville.
by Fresnan
Free Republic is a gathering of bullying, fat mouthed, bigoted right wing idiots, very true.

Alan Autry was not going to fight them on the suit, also true.

Local "progressives" picked this fight by going to Debbie Reyes and trying to get her to demand a shut down of a picnic. Also true.

Free Republic, as much as I detest everything they stand for, has as much First and Fourth Amendment right to have a picnic without the cops called on them as, say, Peace Fresno does. .And Peace Fresno members were vocal in opposing making a public issue of this picnic. Oh, that's true, too.

Those who went to the HRC anyway and demanded action against Free Repugnic, as repugnant as their political thoughts may be, are no defenders of Free Speech.









by sam
I wonder why the Fresno Bee hasn't done a story on Free Republic?
by Free Thinker!
I wonder where Jim Robinson's shirt and flag are made?
by another Fresnan
Peace Fresno and all groups have a right to free speech, however if the police are necessary (or it seems it is necessary) to keep free speech from turning into violence, it is appropriate for them to be alerted. Thats what local progressives did. The press release was a surprise to everyone.
by Mike Rhodes
The post from “Fresnan” above that states progressives in this community tried to prevent the Free Republic from holding a rally and picnic is wrong. Peace Fresno and other progressive activists collectively decided to stay away from both events. There was no attempt, that I am aware of, to prevent the events from happening. Although, as an aside I would think that if Peace Fresno had stated that they were bringing guns and other weapons to one of their demonstrations the Fresno Police Department would have shut them down. Be that as it may... What activists here did was to contact The Human Relations Commission and warned about the potential for violence. The HRC then contacted the Fresno Police Department who monitored the situation. To mis-characterize the progressive community in Fresno by saying they “picked this fight by going to Debbie Reyes and trying to get her to demand a shut down of a picnic” is a lie. Why is “Fresnan” attacking the victims? Either this person is hideously misinformed about what is going on here or has another agenda.
by re-post from The Fresno Bee
Fresno will pay $60,000 to forum
By Jim Davis
The Fresno Bee
Published 01/13/04 05:20:25

Fresno will pay $60,000 to conservative online forum Free Republic and retract a news release that called the organization a "hate group," according to a settlement agreement released Monday.
Free Republic founder Jim Robinson, who lives in Fresno, said he wouldn't have filed the suit if the city had acknowledged its error.

"I think it's unfortunate the city did not retract and apologize immediately after they knew they were in the wrong," Robinson said.

City Attorney Hilda Cantu Montoy said the lawsuit was settled to "avoid the expense and burden of litigation."

"It's not in any way admitting any liability by any party," Montoy said.

Former Human Relations Commission Chairwoman Debbie Reyes, who sent out the news release in September and who resigned this month, said the city should have "stuck it out and fought it."

"I don't think they should have settled, but they pretty much settle on anything," Reyes said.

Free Republic is an Internet group. Robinson says it has about 50 to 100 members in the central San Joaquin Valley and about 50 chapters across the nation.

Robinson said he plans to use the settlement money to travel across the country in a motor home visiting Free Republic chapters. He will end the trip in Washington, D.C.

The release issued on city stationery warned of a picnic that Free Republic was planning in Woodward Park.

According to the release, "The information on this group's website clearly indicates threats of violence toward any minority groups that interfere with their rally or picnic."

Free Republic filed a $1 million claim against the city contending that it had been defamed in the news release. The sides held a mediation session last week and the settlement went to the Fresno City Council in closed session last Tuesday.

Reyes resigned from the commission Jan. 2. She said that she has a new job as an organizer for a nonprofit.

The settlement does not mention Reyes' position with the commission, but she said it was a factor in her resigning.

"It was a collaboration of a lot of things," Reyes said. "There were a lot of reasons. There were a lot of irons in the fire. And this was just one more reason."

Robinson said the city needed to get control over its Human Relations Commission -- a group charged with promoting peace and harmony in the community.

He said he thinks that will happen with Reyes' resignation.

"They were totally out of control," Robinson said. "They need to get some adults over there."

The reporter can be reached at jmdavis [at] fresnobee.com or 441-6171.

by Remembers September
>>What activists here did was to contact The Human Relations Commission and warned about the potential for violence.<<

Then please explain this link:
http://sfbay.indymedia.org/news/2003/09/1639517_comment.php#1671833

Everything that Fresnan describe is absolutely correct and from reading this link it looks like the Progressives were going to be the provocateurs looking to pick a fight. And from what I read from the above link – if there was going to be violence it would have been the Progressives who instigated it.

If the Progressives would have just left the stupid Freepers alone and let them have their picnic none of this would have ever happened. Instead the strategy backfired and cost Fresno $60,000. Hopefully you can learn from this mistake.
by yet another taxpayer
Where Ms. Reyes erred was in issuing the press release after hours on her own after the HRC as a group had decided not to get involved. How curious some of you who howl about free speech, get your panties bunched when someone on the other side of the fence exercises theirs and says stuff you don't like. Ms Reyes felt that the city chould have stuck it out, and I know all of the "progressives" in Fresno were quite eager to have FreeRepublic ruled a hate site. I don't see any of them ponying up the lawyer fees.

Oh wait, no one has to pay that, it's taxpayer money. It just falls out of the sky! When the well runs dry, just jack up taxes and viola!
by .
Who drape themselves in the flag, and send our fellow Americans off to die for lies and oil. Brownshirts in red, white, and blue.
by Mike Rhodes
An earlier comment says, first quoting me:

>>What activists here did was to contact The Human Relations Commission and warned about the potential for violence.<<

Then please explain this link:
http://sfbay.indymedia.org/news/2003/09/1639517_comment.php#1671833
*********************************
Yeah,

That was a very interesting thread!

I would be very interested to know who was making the posts on that thread. Some of these threats are pretty explicit. Was it the Freepers and other Freepers tossing threats back and forth trying to create an incident? I am glad that you reminded me about that thread and those threats. If legal action results from this incident we will have to tear into that thread, get the IP addresses, and find out who was making the threats and counter threats. I would be shocked if it was anyone I know in the progressive community in Fresno. Could it have been Freepers? How about representatives from the Joint Terrorism Task Force? The Fresno County Sheriff’s Department? Whoever it was, if I were them I would start to worry…


by Honest Fresnan
Perhaps, Fresnan, you should take the time to research your facts before you start hurling accusations. I find this helpful in most situations. Preventing violence is not inhibiting free speech last time I checked.
by inquiring minds
Yes, please, by all means, let's find out!
by zyx
Why has the local media (especially the FResno Bee) made exactly zero effort to investigate whether FR is a hate site or not?

It seems to me there is plenty of information available through various web sites, usenet and published news articles to at least ask some questions about this group that the Council just voted to give $60,000 to.

The average FResnan probably knows nothing about FR's curious history. Is there information that tends to substantiate Reyes' claim? Shouldn't FResnan's be apprised of it?
by Inquiring minds
Yes, let's see who made those posts. I will be quite illuminating.
by Anon
Will they sue the Mercury-News too?Good to see they are not fooled by the Freepers lies.Part of their article today:



The release warned residents that Free Republic was planning a picnic in the popular Woodward Park, and that "information on this group's website clearly indicates threats of violence toward any minority groups that interfere with their rally or picnic."

The group promotes events like an annual "Repudiation of Jesse Jackson" day, and has between 50 and 100 members in the San Joaquin Valley.





by Daniel Borgstrom
Last October I posted an epitaph for Aaron Kilner, the undercover agent who infiltrated Peace Fresno. In it I suggested that Kilner’s conscience had perhaps caught up with him and that his fatal accident was possibly due to a Freudian slip of his hand.

The next time I visited the site I found a death threat posted for me which read: "It'll be your turn soon / by WATCH YOUR BACK DAN / I'm looking for you".

It certainly sent a chill through me, and I’ve wondered how seriously to take it. I’ve also wondered where it may have come from. Could it be the Freepers? Or, even if it’s not the Freepers, might the $60,000 awarded to the Freepers by the City of Fresno be interpreted by right-wingers as a green light for threats, physical violence and possibly even assassinations?

(The above mentioned postings were comments to the Mike Rhodes report “LOCAL PEACE GROUP INFILTRATED BY GOVERNMENT AGENT” at http://www.indybay.org/news/2003/10/1650550.php)
by xyz
Again. What is the problem. Why would FResno settle with FR?

There seems to me to be at least some evidence that FR and/or its FReepers have engaged in seriously inappropriate behavior.

Here is a simple question: Did a certain FR user post on FR multiple, direct, death threats against the then President of the United States of America, William Jefferson Clinton, and was this user later given a position on the FR "Forum Advisory Board"?

A simple question. Is it true?
by xyz
Again. What is the problem. Why would FResno settle with FR?

There seems to me to be at least some evidence that FR and/or its FReepers have engaged in seriously inappropriate behavior which may be construed by some as "hate" speech.

Here is a simple question: Did a certain FR user post on FR multiple, direct, death threats against the then President of the United States of America, William Jefferson Clinton, and was this user later given a position on the FR "Forum Advisory Board"?

A simple question. Is it true?
by xzy
Would it upset any Fresnans to learn that their City Council just gifted a reported $60k to the author of the post below?

To: newsman
"If a man lies with a male as he lies with a woman, both of them have committed an abomination. They shall surely be put to death. Their blood shall be upon them" (Leviticus 20:13).
Could this be why God infected their blood AIDS?
From: Jim Robinson (jimrob [at] psnw.com) *
07/07/98 22:29:49 EDT

Again, where is the Fresno Bee?
by zyx
What's this?

To: Prince Charles
I'm damn tired of cowards! If Livingstone even thinks about compromise or caving in to the Democrats then he's gonna get it with both barrels! Tonight's rhetoric is just a warning shot. If we're gonna go down, it had better be fighting not surrendering!
From: Jim Robinson (jimrob [at] psnw.com) *
11/08/98 22:33:05 PST
by yzx
Just incase you were wondering what a thread from a NON-hate site looks like, this would be it.

Topic: White Water
THE REAL STORY BEHIND CHELSEA'S TRIP TO THE HOSPITAL

a janitor on the Stanford campus
11-9-98 Doug from Upland


Last week it was reported that Chelsea Clinton, daughter of the scumbag couple from Little Rock who are temporarily squatting in the People's House, was taken to the hospital with what appeared to be stomach problems. She apparently has had several incidents. Although the mainstream media has failed to really dig to get the real story, I have paid off a part time janitor who works at the Stanford campus. He has provided me the details which heretofore were unknown.

Chelsea was in a lecture hall taking a midterm exam. It was an open book essay for her Psych 201 class. The test question was: Describe your relationship with your parents relative to your values, goals, identity, interpersonal relationships, world view, politics, morality and ego. A few students who sat in the row behind her have told my source that she labeled her essay, "Why My Parents Are So F**ked Up."

Although the students had two hours to complete the assignment , Chelsea was well over 2 ½ hours when the professor asked her to turn in her paper. She was the only student left in the room. The secret service would have none of it. When the professor attempted to approach Chelsea to take her blue book, two agents put him in a choke hold and slammed him up against the wall. He suffered a broken rib and a mild concussion but has refused to press charges. My source said that he overheard the professor's conversation with a security guard outside the classroom who said that the professor was scared to death to report anything because "I don't want to be dumped by a cannon somewhere. I know when to shut up. You don't get your doctorate in psychology without understanding that a criminal enterprise can leave body parts all over the campus and then blame it on Newt Gingrich."

For Chelsea it must have been a traumatic experience. She apparently had an incredible amount of pent up anger because she kept writing and writing. She wrote for almost 20 hours straight without taking a break. No food, water or stretching. Nothing. There actually had to be a special change of shift of the secret service agents. The two who looked like Ivy leaguers from the East were replaced by two hippie types who looked as if they were retros from the 1960s. They even wore love beads.

It kept getting worse and worse for Chelsea. She was writing so hard that she broke several No. 2 pencils and she finally had to go to an industrial strength No. 1 pencil. She kept mumbling under her breath but sources say they were able to hear that she was saying things such as "bastard," "pervert," "ice queen," "bitch," "BJ," "child molester," "traitor" and "semen stain." She looked very, very angry and actually filled 10 blue books. The only reason she stopped writing was that she felt a terrible pain in her stomach that doubled her over and caused her to fall out of her seat.

Our janitor, who actually studied chemistry in his college days before the ludes took their toll, told us that another janitor (reportedly a guy named Thomas Chappell Aldridge) dumped two chemicals into the toilet in the bathroom adjacent to the lecture hall which caused a reaction. A small yellow cloud drifted through the ventilation system and ultimately overtook Chelsea and the two hippie secret service agents. Had Ken Starr's daughter not been walking by the classroom and detected the chemical odor, it might have been curtains for The Pervert's daughter. She called 911 and a HazMat team from Oakland rushed to the scene and decontaminated everyone.

Chelsea was rushed to the hospital on the Stanford campus and checked in under the name Chelsea Jefferson, the same name she uses for her Swiss bank account. She was treated, held overnight for observation and then released the next morning. No one can find the 10 blue books in which she wrote her essay, but we have unconfirmed reports that people from the NSA and CIA took possession of them and delivered them to Hillary Rotten Clinton. The agents, we are told, are the same ones who raided Jerry Parks home just before he was murdered.

The Clintons have refused comment on the incident and have denied that their daughter really believes that they are lowlife white trash scum from Arkansas. Those who have gotten close to Chelsea at Stanford know better and are aware of what she really thinks of her parents. A friend of hers who is in pre-law is actually helping her fill out the papers so she can appear before a judge to legally change her name. Because it would be less embarrassing, Chelsea wants to be known as Chelsea Buttafuco.


--------------------------------------------------------------------------------

It pays to have good sources.

Posted by: doug from upland (dc4afee [at] keyway.net) *
11/09/98 22:03:42 PST

by mr. normal
"Free Republic founder Jim Robinson.... said he plans to use the settlement money to travel across the country
in a motor home visiting Free Republic chapters."

There's a great use of taxpayer money, Jim!

Yeah, I'm really impressed with your hard-working American values:

"Oh, boohoo, some whiny liberal who works for the city said something mean to me and hurt my feelings, so I want a
million dollars of taxpayer money!"

Got a problem with something someone said? Well then, hire some lawyers. It's the American way, you know.

At least, that's how we do it in this free republic of ours.

What a hypocrite!
by Taxpayer
Whether it is a right wing organization or a left wing organization they all like to sue to get easy money. In fact some organizations count on sueing and settling as their main source of income.
by Xzzy
To: Behind Liberal Lines
"If trolls or leftists want to find us, they will. I suggest not posting personal information."

That's why we have user names. But if any hippies, lefties, or commies want to find me, I'd welcome them. I got me a brand new stabbin' knife and I'm just itchin to try her out. (I think I'll name her "Charlene")

88 posted on 01/16/2004 1:18:05 PM PST by exile (Exile - Helen Thomas tried to lure me into her Gingerbread House.)
by concerned taxpayer
FreeRepublic was clearly threatened by others according to the evidence. Anyone who has seen them on the corner all of this time knows they are not a violent group. Things posted on their website could be written by anyone, as it is an open forum. You say people misrepresent all of you, the same thing can happen there. The entire episode was started by someone else and now you are all blaming a bunch of grandpa and grandma types because they don't agree politically with you. Nice group of people here. Give them a break, maybe those whose posts aren't so nice are not representative of the entire group of freepers.
by Xzzy
Handled badly

By Matilda Rangel
Fresno
(Published Sunday, January 18, 2004, 5:39 AM)



What would have been the earliest the city of Fresno could have apologized to the Free Republic Organization regarding the news release sent out by the Human Relations Commission on city stationery calling it a "hate group"? It happened only a few months ago.
Free Republic's Jim Robinson will be taking a pretty long vacation paid for by us taxpayers. No doubt he will tour the countryside letting his members know about his good fortune.

Thank goodness a certain segment of the community did not think to sue City Council Member Jerry Duncan and pals for using city laptop computers to send hate thoughts.

Instead of benefiting himself, Mr. Robinson should use that money to investigate who actually did send that message. We don't know if in fact it was an HRC member who put that hate mail in the organization's box. The group should be held responsible to some extent.

Debbie Reyes was doing her job in warning people. Members of the HRC are there to look into hate crimes and, if possible, try to prevent acts driven by hate from happening. What's that old saying? "An ounce of prevention is worth a pound of cure." Thumbs down to the city of Fresno. This could have been handled better. Council Member Brad Castillo was quoted as saying that "It's cheaper to pay these guys $20 and get ride of them than waste an attorney's time on them." But $60,000 is a far cry from $20.

by Dan
Unfortunately, many of the Freepers believe that violence is the solution to their political problems. At no time did anyone from the progressive community ask the HRC to shut down the Freepers picnic or rally. There were threats of violence that could have involved innocent people. The HRC was asked to go to the police chief for assistance in averting trouble. As demonstrated by the activities of Aaron Kilner, the local cops prefer to view progressives as potential terrorists, rather than citizens who might need law enforcement's help in preventing what appeared to be a real threat. Some now question whether the original post on this IndyMedia site was planted by the Freepers or the Joint Terrorism Task Force. Coincidentally, Deputy Kilner was identified as backing up a Freeper who allegedly made threats at a rally last summer.
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