Liberal California councilwoman ordered to pay attorney fees to targets of restraining order

When confronted by opposing viewpoints, those who sit on the far left of the political spectrum often prefer to silence those voices, rather than engage them in reasoned debate, but one Democrat official is learning the hard way that in America, citizens still have a constitutional right to challenge their elected leaders.

According to the Washington Examiner, Carlsbad, California city councilwoman Cori Schumacher (D) has been ordered by a state Superior Court judge to pay $47,191 in legal fees to two bloggers against whom she filed a restraining order alleging that the pair engaged in online harassment.

As reported by the San Diego Union-Tribune, Judge Cynthia Freeland granted blogger Anthony Bona attorney fees in the amount of $32,193 and granted Noel Breen fees totaling $14,453 after also having dismissed Schumacher’s restraining order last month.

Breen and Bona have long been harsh critics of Schumacher’s policy positions, posting commentary on Facebook as well as on a YouTube channel run by the latter known as Regular Guy in Carlsbad. The Democrat city councilwoman’s civil harassment restraining order, filed in September of last year, alleged that the pair engaged in “stalking, harassment, surveillance and threats,” according to The Coast News.

Among the controversial notions promoted by Schumacher that drew the ire of Breen and Bona was a suggestion that a private police force be retained at taxpayer expense to seek out and ticket citizens and businesses who thwarted restrictions against mixing with other households amid the coronavirus pandemic. She also proposed the creation of a local municipal power company, drawing harsh backlash from many in the community, according to the Examiner.

In the wake of Judge Freeland’s ruling, Scott Talkov, the attorney representing Breen, lauded the outcome, saying:

She doesn’t understand that the public is allowed to critcize her for virtually any reason. She thought she could silence her critics and do it by force. The court told her, ‘No, you can’t do this. This remedy is not available to you.’

The court’s award of $47,000 against Cori Schumacher – almost twice what she earns every year as a council member – sent a clear message that politicians should respect the First Amendment rights of the public.

Talkov has also argued that the city of Carlsbad should be on the hook for paying the fee award, because Schumacher’s actions were “directly related to her performance of her official duties as councilmember,” adding:

Politicians should not be able to evade the damages caused by their efforts to chill free speech simply because judgment collection against them would be difficult. Rather, the government entity should be liable for the torts of their elected officials.

Also applauding the ruling was Hans von Spakovsky, senior legal fellow at the Heritage Foundation, who said, “As a public official, you cannot try to shut down criticism of you by abusing and misusing the criminal process. Ms. Schumacher needs a basis refresher course in the First Amendment,” as the Examiner noted.

If the judicial smack down she just received is insufficient cause for Schumacher to rein in her totalitarian tendencies, perhaps the recall campaign recently launched by a group of concerned Carlsbad citizens and small business orders will do the trick instead.

 
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45 Responses

  1. Your style is very unique in comparison to other
    people I have read stuff from. Many thanks for posting when you’ve got
    the opportunity, Guess I will just bookmark this page.

  2. Cori Schumacher, Jack Booted, Government Thug of the Gabon Newsance-Nasty Peeloser Club, just got her boots scuffed Up and repossessed…. Now she may cost the citizens even more money if they are on the hook for Part or all of that penalty…. And to Think In days of youth I Lived there (San Diego County) and it was wonderful and Clean, Even the air and streets ( Except Lost angels )…. My Visit last year showed what a difference a Change of political affiliation and a few years makes…. Fecund streets, trash, Homeless sleeping on the sidewalks, Needles, Vials on the ground…. Even the appearance of the place was nasty.

  3. that’s what needs to happen with Facebook, youtube, tweeter, take them to court and we all would win.

  4. I thought the Demorats surgically removed the backbones of California Judges — luckily I was mistaken in this case and I applaud the Judge

  5. Oh, poor Ms. Schumer, beleaguered by truth, justice, and the American way, is indeed sad. It is hoped that her emancipation will not have been for naught.

  6. Ms. Schumacher and that vast kingdom between her ears may very well have just set precedent in case law for the illegality for one “entity” to have reign of and/or control of another entity’s First Amendment rights. “As a public official, you cannot try to shut down criticism of you by abusing and misusing the criminal process.” opined one Senior Fellow at the Heritage Foundation regarding the city councilwoman’s actions. As such, public official or corporate entity, there also cannot be a double standard. You cannot, in either instance, be held harmless for squashing another’s right, even if it’s in the office, social media, or the media.
    But wait, if one is attempting to overthrow one form of government for another, via suppression of thought, human rights, and deception of truth, then the councilwoman should receive high accolades from the senior party members for her efforts, and continue at a higher level with her constraining oppressive mandates.

  7. After she has paid, then kick her worthless behind out of office.
    Also ban her from ever running for any office ever again.

  8. It’s about time someone cracked down on these leftist wing nuts. It’s too bad the judge couldn’t have thrown in a little jail time to set a really strong example.

  9. Michael Saunders, U.S. Army S.F. veteran of the Vietnam war and 23 years in law enforcement says:

    Elected people like Schumacher need to pay a heavy price when they do what she did in her office and she need to be taken out of any office she holds.

  10. As long as the dumbocrats can brainwash our children and grandchildren they’re going to do it. Could be the teachers don’t know. You can’t teach what you don’t know. Feel a lot of the problems go back to LBJ. I look at Philadelphia kids graduating still can’t read. Need to clean house and import qualified teachers

  11. As the saying goes (paraphrasing), “If you can’t take the heat, stay out of the council chambers!” Imagine if our last Prez sued every media person and outlet for their criticism of him…there would be deafening outcry!

  12. Ya right I’ll be leave it when big tech is behind bars.
    Thair the one controlled by biden and Dems that think thair
    Above the laws. Come on america do them in….

  13. I have lived in California since 1953. I have noticed the Dems destroying the best education system in all of America, increasing taxes while lining their pockets are being lined. The Dems are responsible for chasing businesses out of the state because all they can see is to increase taxes. The Dems have promoted illegals in our schools, taking care of illegals better than U.S. Citizens. We have millions of American people sleeping in the streets while the illegals are being taken care of. I strongly suggest the people wake up!

  14. Hopefully the recall is successful. She has no business being a public servant with views and actions like she has shown. The original jurisdiction should never have allowed her request for a restraining order against someone she had never met.

    1. Good choice of words Lt. These politicians need to remember that they work for the people. Not the other way around. Plus, I ” as you have”, did not put the uniform of the UNITED STATES MILITARY ON” to defend this country. Just to watch it be torn apart by, as far as I’m concern, communist trators. They need to understand that the “CONSTITUTION”, “THE BILL OF RIGHTS” and “THE ARTICLES OF CONFEDERATION” are the foundation of the FREEDOM of this country. And I will defend it today and tomorrow. GOD BLESS AMERICA!

        1. Amen. Is this still America? I feel the approaching year with tones of Communism creeping in. So sad for a country who has always stood up for our freedoms. This newer generation has no idea of what terrible things this will bring upon America!!!

      1. This is not new. Back in the 1980’s I was doing work in Carlsbad. Their people were the most difficult to work with in southern CA ! They constantly threw up roadblocks, i.e. no permit was required for the work I was doing BUT I still needed to file a permit request, with a fee, just to be told that no permit was required !!! This cost more than a month delay and additional costs for my employer.

      2. My comment is to think a little harder…if the judgment must be paid by the “employer” of these people – then the TAXPAYER is REWARDING this kind of response – if the council member is speaking “in behalf” of the city then the city needs to pay but it the council member is speaking for themselves, THEY need to pay = personally. It is NOT reasonable for the taxpayer to pay for the mouth/actions of their council members…and it doesn’t always convince the voter to NOT vote for these liberals who think they can tell EVERYONE what to think and say. California is sooooo goofed up – I wish they WOULD decide to become its own country…then we can put up a wall between them and the rest of us and they can pay for what they want themselves.

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