School Board

[spedcops]

What is the name of your state (only U.S. law)? California

Our city currently has an issue with sitting school board members who have over look school funds being used to make a poker table for an employee break room. One of the members admitted to having one herself.

I placed a classified ad offering custom made poker tables listing the two member’s first name and their published phone numbers in our home town newspaper. How much trouble did I get myself into?

[debtcollector`]

I think it was a great way to bring the issue to light. But wait for a legal opinion.

DC

[tranquility]

I think it is hilarious.

Do you have something to worry about? Sure. Cheezing off people can get you sued and you have to defend yourself. But there would be many problems (off the top of my head) to the winning of such a suit.

Yes, it's false, but defamatory? I guess, but I think it would be a reach. Maybe it would be something which would tend to hold the person up to ridicule when the information is combined with the current political battle. My goodness, if I were on a jury I certainly wouldn't think so.

Second would be the general defense of satire. Just because it isn't labeled as such does not make it so.

Third would be damages. It would be very, very hard for a person to link such an ad to damages.

Finally, we have the public person problem. Since you know it is false, I guess you could fall under the malice standard, but again, that would be a little of a reach.

The real problem is not that you will get a big judgment against you but that you may have to defend yourself from suit. Even then, suing over something like this would make the plaintiff look a lot worse (at least in my eyes) as a humorless sod then suffering the utter loss of reputation in the community based on the false ad.

If I were them, I'd roll with the joke. Something like, "Obviously I had nothing to do with the ad, but due to the response it has received, I move the district looks into selling poker tables as a source of revenue." I would hope the other board member referenced then seconds the motion.

[quincy]

Your major problem could come from the publishing of the names and phone numbers of the school board members.

California has a government code prohibiting the publishing of home addresses and home numbers of any elected or appointed official, including those of school board members, without their permission. To do so is a misdemeanor.

If the ad did not specifically identify the phone numbers as belonging to school board members, however, I doubt if anything much will be done - as long as those members whose numbers were listed do not get numerous harassing phone calls as a result of the ad.

A defamation action seems unlikely.

[spedcops]

I only used their first name and listed the phone numbers provided on County Education web site. It was also two days after a three day series of articles in the paper regarding multiple Brown Act violations and Grand Jury investigations.

[quincy]

In that case, I don't think you have anything to worry about.

And, as tranquility said, satire is a good defense (should any defense be needed).