Former Greenback mayor accuses nine of defamation
Sarah Grace Taylor thedailytimes.com
Former Greenback Mayor Tom Peeler hired an attorney to send
cease-and-desist letters to nine citizens he alleges have defamed
him during his failed re-election campaign and
tumultuous transition out of office.
The alleged defamations come as Peeler faces accusations of failure
to post adequate public meeting notices and
mishandling public records requests
and
donations of city property.
“Please be advised that the above-captioned law firm have been
retained to represent the interest of Tom Peeler relative to
defamatory statements that have been made either by you or
attributed to you concerning allegations that are either speculative
or unsubstantiated relative to his time as Mayor of Greenback,” the
letters received by residents Wendy Tittsworth and Lisa Russell on
Wednesday read. “Please be advised that if this type of conduct
continues by you and you continue to make defamatory statements
which you cannot substantiate with direct proof, that we will take
action under the libel and slander laws to sue you civilly for
defamation relative to these actions.
“I trust this admonition is clear as my client is no longer the
Mayor Greenback and being vilified for your own personal pleasure is
not going to be on his continued menu of preferred activities,”
lawyer T. Scott Jones’ letter continued. “Trust me, I suggest you
familiar yourself with the laws regarding defamation before you
continue to make statements of which you do not have personal
knowledge or direct fact proof in your hands.”
Jones, of Banks and Jones Attorneys at Law in Knoxville, said the
letters were intended to warn about potential future defamation
lawsuits from the former mayor.
“Yeah they were basically to advise the folks if they continue to
post disparaging comments that are defamatory in nature, we are
going to take legal action against them,” Jones told The Daily
Times. “While certainly you have the First Amendment right to
express yourself, you don’t have the right to defame somebody
without specific knowledge associated with it.”
When asked multiple times to provide examples of the allegedly
defamatory claims made by the accused, Jones was unable to do so.
“You’re asking me about specific ones? I went back and it was clear
to me that it was effectively what would amount to muckraking,”
Jones said. “They were generalized defamatory statements, with
nothing to back it up. ... If a statement is true, it’s not
defamation by definition ... but if it’s not true and you make that
statement, then it meets basically the quintessential definition of
muckraking. And you know we don’t participate in that in a civilized
society.”
Jones described the comments made by the nine residents on social
media as lacking substance, illustrating his contention with an old
fast-food commercial.
“It seems great to get the tar and the feathers out, and to start
slinging the mud, but the reality of it is it’s like the old Wendy’s
commercial. ‘Where’s the beef?’ You better be able to show there’s
meat on that bun. If not, there’s a consequence for basically
abusing someone,” Jones said. “In this particular case, you know, I
looked at what they posted, talked to my folks and said you know,
just consider that a warning shot across the bow. You know what I’m
saying. If you want to play in the big boy leagues, you get bit and
that’s what it is.”
Jones said the nine citizens had “muckraked” Peeler for “kicks and
giggles,” later implying that they may not be educated enough to
understand the situation.
“If you got facts, then talk facts, but you can’t just sit there and
crucify someone. So that’s effectively what those letters were
intended to do, and you know, they may not take heed. I don’t know
the education levels of some of these folks,” Jones said,
referencing a profane phone call his receptionist had received
regarding the letters.
Tittsworth and Russell, the only two letter recipients The Daily
Times was able to reach before press time, both vehemently deny any
defamation.
“I certainly question how publishing public information pertaining
to the City of Greenback Government could in any way or form be
construed as defamation,” Tittsworth emailed The Daily Times. “All
elected public officials are bound by oath to support the best
interest of their constituents. They are also bound by law to follow
the rules and laws that apply to the way they are to conduct city
business.”
Tittsworth, who has been requesting records pertaining to actions
and statements by Peeler since October, said she is acting out of
civic duty, not malice or defamation.
“I have the complete and utter right, as does any United States
citizen, to question, form and share opinions of, and have public
knowledge of, EVERY aspect pertaining to the way ANY government in
this country is run,” she wrote. “That’s the law. And in my opinion,
if you don’t stand up for that right, you are part of the problem we
have with transparency today. This is not defamation. This is fact.
And yes, I have the paperwork to prove it.”
Russell also maintains that her statements about Peeler have been
based in fact.
The Greenback community and the Loudon County community know me very
well,” said Russell, a former Loudon County school board member.
“There’s only one way I work. I will not put anything out there that
I do not have written proof. So I’m not the least bit concerned
about that letter.”
Russell said she initially thought the letter was fraudulent and
plans to call the law office Thursday to get specifics on the
accusations against her.
If you’re going to accuse me of something, well you tell me what I
did,” Russell added. “Let’s take care of this right now.”
Peeler, who had been mayor for 44 years until he left office on Dec. 27, would qualify as a “public official” while in office and as a “public figure” since last month and would not be subject to defamation under law per New York Times Co. v. Sullivan, a 1964 court case that determined that a public official cannot be libeled unless malice can be proven.
After arguing that Peeler was not a public official after
leaving office, Jones switched his stance to say that Peeler was
never a public official to start with.
“There is no bright shining line that you can say one thing and
it’s acceptable, and you can say another. I mean it’s a nominal
position of a very small community, of which you’re mayor,”
Jones said. “To compare that to someone who is quote-on-quote
‘truly in the public eye,’ I think that’s a disingenuous
comparison.”
To Russell, Peeler is still accountable for his actions as a
public official even after his term.
“I don’t care if he’s in office at the moment,” Russell said.
“Anything he did while in office is still available to the
public.”
With no specific statements provided to The Daily Times or the
recipients, there is no way to determine if the statements in
question were made during or after Peeler’s tenure.
Jones said that if the recipients of the letters question
whether or not Peeler is subject to defamation, they can “find
out” in court.
“That’s why the correspondence went out. That’s what happens,”
Jones said. “In my opinion it amounts to right on the borderline
if not defamation. And if they want to choose to find out
whether or not it’s across the line, that’s why we have courts
of law and we’ll find out.”
Peeler did not return multiple phone calls from The Daily Times.
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1/21/18