The Observation Deck

Thanks to a judge who actually understood the First Amendment, the frivolous lawsuit against Jim O'Bryan and the Lakewood Observer has been dismissed as of 12/12/2016.

After a Motion to Dismiss was filed, and a hearing on the matter conducted, Judge Michael P Donnelly promptly issued a decision.

His ruling stated:

"The court finds all allegations, if true, constitute constitutionally protected free speech"

SLAPP BACK!

You might be able to bamboozle people who do not understand the law, but Judge Donnelly knows the law. The reams of copy and pasted forum threads from the Deck were clearly no substitute for actually having a cause of action and arguing the legal points effectively. Of course, when the law is not on your side, what else can you do?

Lesson of the day - don't mess with the Constitution. And know the law before you throw your weight around.

Justice has prevailed.

I had heard that it was dismissed. Without thread-drifting too much, it is too bad Judge John P. O'Donnell seems either unwilling or incapable to move cases along in such a timely fashion. He appears to have been quite kind to CCF and City Hall, giving them plenty of time to start demolition and soon construction. We will soon be at the two-year mark and still barely even at the pre-trial stage.

This result was never in doubt. It was just a matter of timing.

The judgment conclusively proves that Jay Carson, Rick Uldricks and anyone else behind this farce of a lawsuit acted in an ignorant, vindictive, mean spirited and cowardly manner.

That would include their apparent comrade in arms, Mr. Rossen, because he spent so much of his time and energy trying to defile the LO and O'Bryan and promote the frivolous suit (seemingly in lock-step with the Carson's Dark Money PAC of lies). For example, the baseless and concocted claim that I was somehow O'Bryan's and the LO's lawyer was laughable.

My only role in this silly affair was my independent and unilateral effort to expose Carson and Uldricks as cowardly bullies.
I did this, against the wishes of many aligned with Mr. O'Bryan and the LO, by exercising my First Amendment right here on the Deck.

The fact that the Carson firm and Uldricks put so many of my truthful, factual and opinion-based posts about them into their frivolous lawsuit and did not name me a defendant conclusively proves they were cowardly.

cow·ard
ˈ
noun
1.
a person who lacks the courage to do or endure dangerous or unpleasant things.
synonyms: weakling, milksop, namby-pamby, mouse; More
adjective
1.
literary
excessively afraid of danger or pain.
2.
HERALDRY
(of an animal) depicted with the tail between the hind legs.

In the end, most bullies are cowards who play the victim when they are called out and exposed.

Thank You Mr. O'Bryan and the LO for allowing me this forum to express my views and present the facts.

Long live the LO Project and the First Amendment!

You are correct, Brian, it was a bully tactic meant to shut Jim and the Observer up.

Considering the number of times your posts were copied and pasted into filings they submitted, I wondered myself why they didn't name you. But, you likely nailed it - too cowardly. They figured they'd roll over Jim.

I suppose I could at least say the filings and briefs they submitted supplied me with many days of laughter. From nonsensical conjectures and conspiracy theories, to just downright poor understanding of the laws they were citing, it was an eye opener in terms of what lawyers can get away with. Substitute volume when there is no substance?

But then again, some of the briefs in the Graham and Skindell suits are pretty absurd, too. BS must be contagious.

Well this is interesting!

I've posted previously about Ohio cases involving freedom of speech and First Amendment rights, and I believe this case, from Maple Hts was in one of my posts.

Mayor didn't like citizen blogger who criticized his performance and sued. Of course, he lost because he had no case. (Why lawyers take these cases is beyond me - I guess they'll take your money because they get paid, win or lose?)

Now the good part - blogger sued back and was awarded his attorney fees and sanctions!

http://www.ohioconstitution.org/2016/12 ... d-silence/

Bridget Conant wrote:Well this is interesting!

I've posted previously about Ohio cases involving freedom of speech and First Amendment rights, and I believe this case, from Maple Hts was in one of my posts.

Mayor didn't like citizen blogger who criticized his performance and sued. Of course, he lost because he had no case. (Why lawyers take these cases is beyond me - I guess they'll take your money because they get paid, win or lose?)

Now the good part - blogger sued back and was awarded his attorney fees and sanctions!

http://www.ohioconstitution.org/2016/12 ... d-silence/

Ouch!

Given that Uldricks and Carson hatched the suit against JOB and the LO when Uldricks was still a government official and while Carson and Uldricks were apparently working with public officials, Summers, O'Leary, Bullock et al on the Dark Money PAC, etc to silence others, I wonder if JOB and the LO will pursue the dumpster of deplorables for attorney fees expended to get the case thrown out?

Sadly, the Observer will continue to give a forum to Rick Uldricks allies such as Tom Bullock and Jen "KellyAnne" Pae.

They will use the forum they tried to destroy to continue spreading their lies.

Michael Deneen wrote:Sadly, the Observer will continue to give a forum to Rick Uldricks allies such as Tom Bullock and Jen "KellyAnne" Pae.

They will use the forum they tried to destroy to continue spreading their lies.

That's the thing about free speech, it works both ways. Then again, maybe bringing a lawsuit in an attempt to silence the LO is grounds for banning them from using the site (seeing as they hate it and all anyway...)?

JOB will have to chime in on that question.

JOB, what say you? BTW, congratulations too! Truth and honesty prevail again.

cameron karslake wrote:

Michael Deneen wrote:Sadly, the Observer will continue to give a forum to Rick Uldricks allies such as Tom Bullock and Jen "Kellyanne" Pae. They will use the forum they tried to destroy to continue spreading their lies.

That's the thing about free speech, it works both ways. Then again, maybe bringing a lawsuit in an attempt to silence the LO is grounds for banning them from using the site (seeing as they hate it and all anyway...)? JOB will have to chime in on that question. JOB, what say you? BTW, congratulations too! Truth and honesty prevail again.

* Jenn "Kellyanne" Pae for the win. LOL
* There is something to be said for letting them voice their opinion. Something about keeping your friends close and your enemies closer. And why deny them the opportunity to repeatedly embarrass themselves on the digital fence?
* Not to be confused with the righteous banning of comrades like R*ssen.

Cameron,

If Lord Lakewood and Extended Company hate the Deck so much, why does Summers have a least one member of his Deck Watchers Club on the Deck 24/7?

I especially like the way Lord Lakewood appears to really hate my postings on the alleged housing frauds. Makes one wonder, doesn't it?

cameron karslake wrote:That's the thing about free speech, it works both ways. Then again, maybe bringing a lawsuit in an attempt to silence the LO is grounds for banning them from using the site (seeing as they hate it and all anyway...)?

JOB will have to chime in on that question.

JOB, what say you? BTW, congratulations too! Truth and honesty prevail again.

All, I have an incredible team of lawyers and friends, so many jumping in when they saw the facts, the videos, the court records, it is overwhelming.

But I have not and will not comment until the investigations are concluded, and our next steps are decided.

Cameron, not sure I understand your question.

I will not speak of bans, except no one has been cut, edited or banned for attacking me or the Dec or the paper.

IT HAS NEVER HAPPENED!

.

Well, if there is a bright side to this frivolous lawsuit, it is that it brings attention to SLAPP suits, the First Amendment, and the right to speak anonymously.

In their quest to find out who posters were on Lakewood Buzz and Cleveland.com, (which really wasn't important to their "case" and ended up costing them any credibility at all because it proved that the lawsuit was intended to silence dissent,) they issued subpoenas to expose the identities of certain posters. It's already been noted here that some of those posters stood up for their rights and engaged attorneys who successfully quashed the improper subpoenas.

Now the good part. The lawsuit is now being cited in other cases! For example, a case currently under review by the Supreme Court of Ohio has cited a decision in Uldricks vs O'Bryan, et al, in a recent filing regarding anonymity.

You can read the docket and find the 12/05/2016 filing here: (look at page 4 of the brief)

https://supremecourt.ohio.gov/pdf_viewe ... 810448.pdf

So many more people will now read about the case and learn that you cannot trample on the rights of citizens!

My take. The lawyers representing John Doe and Rick Citizen in this lawsuit handed Jay Carson's colleagues from the law firm of Wegman, Hessler and Vanderburg their collective asses. And then the lawyers representing Jim O'Bryan did the same. Team Summers ventured outside the confines of Lakewood in pursuit of a successful culmination to a campaign designed to intimidate opponents and suppress free speech and instead got a legal beat down... And to this, I say well done.
 
This decision was not only a victory for free speech and the first amendment, it was in its own way a scathing commentary on the state of affairs in Lakewood.  Team Summers and all the sleazy conduct that was encouraged and allowed to build momentum: Police knocking on a political opponent's front door. The Democratic Club purging members. The Shadow government. The lies.  All that twisted momentum that Team Summers had built up and that inevitably led to this lawsuit finally hit the proverbial wall in Judge Donnelly.  ...  Again, I say well done.

John Doe, Rick Citizen, Jim O'Bryan (or as they are known in my house- The Lakewood 3)  stood up, fought back, and won decisively.

Long Live the First Amendment.



2017. Marx, Bullock, Nowlin.
Kick them to the curb.

m buckley wrote:2017. Marx, Bullock, Nowlin.Kick them to the curb.

No time to elaborate, but I got into a Twitter skirmish with Mr. O'Leary today.
Oddly, he came out of hiding to bicker with the SLH Twitter account.
He is spouting the Trumpish "Lets move on, the people have voted" line...so I felt compelled to chime in.

If anyone is interested, you can follow my Twitter @MikeDeneen1 and read it for yourself.

My take. The lawyers representing John Doe and Rick Citizen in this lawsuit handed Jay Carson's colleagues from the law firm of Wegman, Hessler and Vanderburg their collective asses. And then the lawyers representing Jim O'Bryan did the same.

Oh yeah. Someone blew that big time. Not a good strategy to waste time going after the little guys; once they got pushback they should have dropped it and moved on. But no, they HAD to know who those people were. Again, proving the case was NOT about libel, it was to expose people and stifle dissent.

It was an amateur move because it put the case before a judge before discovery was completed. A really, really stupid move. The judge had no trouble seeing through all the BS - and it gave the judge a great preview of the case and the motivations right before the motion to dismiss.

I'd ask for a refund if I paid for that.