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I received my GISD Demand letter today from Mr. Feldman on behalf of the Board of Trustees of GISD- David O'Neal, SandraSimmons, Weez Doherty, Andy Mytelka, Mary Jo Urbani, Carole Greany-Wurst and Kelly Chambers -and the GISD Superintendent, Ms. Lynne Cleveland, "in her official capacity." My attorneys are reviewing it so I wont post it here now. Its a two and a quarter page document with a 5 page attachment of the items they are requesting I remove. Mr. Feldman says in the letter, It is not the desire of the School District, the Board or this Firm to stifle free expression or inhibit robust debate regarding matters pertaining to the operation of the public schools. Really?
Mr. Feldman, the School District, the Board and the Firm have unlimited funds with which to fight me. Theyve already spent thousands of dollars monitoring the website, discussing their options and bringing in Mr. Feldman himself for the dramatic presentation to the School Board. You can see the check registers on the GISD Board Book and request a copy of the legal bills through an Open Records Request. Ive seen the individual line item attorney charges they charge the district for monitoring this website. Nearly every day.
So, money is not an issue to them and as this is the attorneys paid profession, time is not an issue either. In fact, time is their billing friend! They have the time and the money to threaten to sue and to sue any individual they choose. Yet who among us has those sorts of resources at our disposal? And should not those resources be spent on the education of GISDs students?
What school on this Island couldnt benefit from a $30,613.19 cash infusion in one month? (Check #251656 Henslee, Fowler and Hepworth - attorneys) Ask the teachers and principals what could be done with that amount of money. Ask them how far they could go with that. Ask them how many children could benefit from the amount of money that GISD pays in attorney fees for one month to just one firm? And theywonder why we criticize!
Ibelieve this whole issue to sue me for gisdwatch is a reflection of the school board members'and of the superintendent's disdain for public dissent, criticism and open government. I strongly believe it is a direct attempt to stifle some of the most sharp and revealing criticism of their actions. I believe it is a direct attempt to stifle teachers and administrators from questioning their authority, alerting us to problems and to voice their distaste for the administration. No longer can the administration and board go unnoticed. They apparently do not like to be questioned on their actions. They apparently do not appreciate being made a parody but who does? But do each of us go out and sue someone for making fun of us or criticizing us or calling us names?
People in the public arena should expect to get criticized. I do on the website. I dont like it either but I dont remove it and I always read it and see if there is anything I can learn from it. But I certainly dont seek out whoever wrote it and threaten to sue them.That just goes with the territory.
Mr. Feldman writes: This is solely about the publication of materials that clearly go beyond that which is legally and constitutionally encouraged and permitted, and into the realm of what is legally offensive and actionable.
From the Galveston Daily News:
The districts move to sue for defamation is rare and unlawful, said Sandra Baron, executive director of New-York based Media Law Resource Center.
Under the 1964 Supreme Court case New York Times v. Sullivan, government entities cannot sue for libel any court would toss out the threatening suit as being inconsistent with U.S. law, she said.
A school district suing for libel is an intimidation tactic and a waste of taxpayer dollars, Baron said.
Its clearly designed to tell citizens of the community: Dont mess with us. We have the power. Not only do we have the power, we have the tax dollars. And were using your dollars to fight your fellow citizens when they say something we dont really like, she said.
Its pretty extraordinary to use the power of the state and the resources of the state, that is, the entire tax base, to ... try to bring a libel suit against an individual citizen.
So which one of us is more legally offensive and actionable?
And which one of us has the power, the money and the resources to silence our dissenters?
And where should the power of the state and the resources of the state, that is, the entire tax base of the Galveston Independent School District really be going?
OURCHILDREN.
Its a sad day in Galveston.
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Tweaked Jesters (1225)
Response to Demand Letter (1213)
Wow I'm like you it's sickening that they are resorting to such tacktics. Wasting our Tax $$$'s to go against the taxpayers right of free speech. 
Just wondering if the Texas Education Agency has wind of this. I would first file a grivance against the superintendent and the board members and go through that process. You might have your case heard in the Austin offices and go before an administrative judge, but then, you can procede into federal district court.
Yea, I have a bridge in Chicago I will sell you if you really believe what you are saying. Yes, there are A few good attorneys in Galveston, but, YOU DON'T KNOW WHO IS IN COHOOTS WITH OTHERS, AND THEY HAVE TO LIVE THERE WITH THEIR CHILDREN ALSO IN GISD. You don't have to be a redneck to know there is a firm working for GISD that's not hitting on all eight cylinders!
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