Joshua Speaks about Fullerton v FFFF Lawsuit
I’ve been pretty quiet since the City of Fullerton decided to sue me, David Curlee and this blog. We were under a Temporary Restraining Order (TRO) so knowing what I could and could not post was up for legal debate. Yet at the same time the TRO was active, the City Attorney, Kim Barlow, was out in the open calling us hackers and thieves to our friends, neighbors and the world at large. Yay illegal prior restraints in violation of the 1st Amendment.
The basic issue here is that City Hall screwed up and then decided to smear and scapegoat us to cover their own bureaucratic hindquarters.
To this end they hired some experts to bloviate about BS in an attempt to confuse people and obscure the truth about what is actually being alleged against us and City Council bought it hook, line and sinker.
The ink on the City’s Press Release hit-piece was barely dry before The Fullerton Observer uncritically reprinted it and in an effort to attempt cover the story they brought in their own “expert” who copy and pasted the City’s nonsense in order to paint us as hackers and villains with malicious intentions and evil schemes.
But now I’ll tell you what is actually being alleged; The City is alleging that we went to it’s website and clicked links.
All of their preening about VPNs/TOR, link hashes, network security – All Of It – is a smokescreen. Despite the nonsense about needing to delay the lawsuit to secure the city’s network, the city never alleges that the their network was ever breached or hacked.
The real meat and substance of their argument and allegations is that we “exceeded authorized access” and are therefore “thieves” and “hackers” under the Computer Fraud and Abuse Act as well as the California Comprehensive Computer Data Access and Fraud Act.
We allegedly “exceeded access” because they say we went to a link on the city’s own website, a link they themselves claim that they told us about, and allegedly clicked on files and folders they put there for the whole world to see plain as day. The argument is that we should have known better and shouldn’t have clicked on the files they put on the internet at the website they told us about. That is literally their allegations. That’s it.
We’re apparently supposed to have known what a $1Million+/year worth of government employees & lawyers didn’t know – that some files the city put online shouldn’t have been accessible from the city’s own website.
To bypass the obvious First Amendment issues in this lawsuit and to obtain their TRO the city made the claim that we accessed files that contain privileged medical records of police and their families, etc.
This is why they claim to have needed the prior restraint against us publishing data – to mitigate financial risks to the city. But there is no evidence this blog has published any such information made in the city’s grand accusations. Information, mind you, that the City themselves claim to have put on the internet for the entire world to access. By their logic we shouldn’t be allowed to do as journalists what they themselves have already admitted to doing as incompetents.
The City is trying to unring a bell here and blaming those who allegedly heard it instead of admitting they caused the commotion when they bonked their own heads.
Even if what the city alleges is true, that we allegedly went to the city’s own website and clicked links, the liability and financial risks to the city are of their own doing by their own admissions. It is not the responsibility of journalists or even the public to safeguard the city’s corruption and secrecy after the city itself has put it on display for the entire world.
To call the allegation that we went to their website and clicked links “hacking” and “stealing” is absurd. To demand myself, David Curlee, my former co-worker, this blog at large and unnamed Does 1-50 turn over our entire digital lives (phones, computers, hard drives, flash drives, CDs/DVDs, etc) to the city to cure this alleged link clicking is ludicrous on top of the absurd. And frankly it’s insulting and malicious.
Fullerton is rotten to the core when it actively buries misconduct by employees and officers but attacks bloggers & journalists for revealing truths. That our council would vote 5-0 to pursue this lawsuit and then vote 4-1 to continue it says a lot about our supposed leadership.
Thankfully the TRO was stayed by the Appellate Court and we are free to resume publishing. This is going to continue at least until 21 November and we’ll keep you posted as to the status of this ridiculous lawsuit.
Meanwhile I’m now out of a job thanks to this lawsuit while bills and attorney fees stack up. A good friend and all around great guy, Erik Wehn, set up a GoFundMe account and I’ll incur his wrath if I don’t mention it [HERE] so there it is and thank you to all of the people who have supported myself and this blog financially, emotionally and spiritually in these trying times. Sincerely thank you.
21 Replies to “Joshua Speaks about Fullerton v FFFF Lawsuit”
The City will be held accountable for falsely labelling people criminals.
It should come out of the checking accounts of Dick Jones and the Fullerton City Council. Instead, it’ll come from the general fund, your tax dollars, and employee paychecks.
Slander too. Time for Josh to get paid!
I’ll feel a lot better about the City paying damages to you than them paying themselves and their incompetent retired predecessors for their own gross negligence and idiocy.
Amen. Or paying corrupt cops off to quit so their unethical and illegal behaviors are never reported to the citizens — you know, the people who PAY THEIR SALARIES.
Fullerton Observer thinks Normals are stupid and racist.
Ferguson & Curly, you guys are going to own Fullerton. What you are doing takes big juevos.
Felz’s wild ride video is going to put the icing on the cake and mud on FPD’s face.
The Slobserver will never be taken seriously. LaTore is a useless tool carrying water for that nasty wench Kennedy.
Keep up the great fight!
Yep, when it comes out that members of the City Council were behind Felz’s release when he should have been arrested, prosecuted and convicted for DUI, someone is going to go to jail for malfeasance and corruption.
This post is completely on point. It’s no different than FPD (or any PD anywhere) overcharging suspects or the DA charging police officers for political purposes. It’s all just horribly abusive and wrong, and it’s greasing our slide into a banana republic lead by President Trump. I fear for the future of our country.
It ain’t Trump friend. It’s BOTH parties. They’re both corrupted and rotten to the core. A little revolution now and then is how you keep the water clean.
It ain’t Trump friend. It’s BOTH parties. They’re both corrupted and rotten to the core. Drain the SWAMP.
And it just shows that Domer, the City Attorney and all members of the City Council aren’t very good. All are definitely in the bottom decile of talent, skill and ability. Their “leadership” guarantees that Fullerton will always be well below average in EVERY category.
All you have to do is listen to our imbecile mayor talk and you know what sort of quality “leadership” we’re dealing withe here. The man can’t even read his script without stammering, hemming, stuttering. Flory and Fitzgerald have their scams down bu other than that just aren’t too sharp. This Zahra character loses dozens of words when two would do. Whitaker (part of the 5-0 vote to sue FFFF) sits there like a Sphinx hoping that somebody will thinks there’s a deep pool of wisdom there. There isn’t. There’s just $1000 per month and some benefits he can live off of.
look again …. 5-0 now 4-1
Can you provide a link to the anti-SLAPP motion filings?
Gee Josh, why don’t you tell the truth about quitting your job, not “losing it” because of this lawsuit. Too lucrative with the go fund me money rolling in?
Whether he was fired or forced to “choose” to resign — same outcome. But the idiots who call themselves Fullerton city employees and council members (you?) are unable to discern that fact with their pea-sized brain.
Turkeys are smarter than the average city employee and DEFINITELY smarter than Jones, Domer and every city council member.
They’re certainly being made to look like idiots by their attorney.
But hey, at least they’re all team players on the Titanic.
And the Flory Fitzgerald band played on. Nearer My God to Thee, I believe is the tune.
With a banjo on her knee
No, Domer has the banjo.