Tag Archives: Joshua Ferguson

Joshua by Spencer

Appeals Court Slaps Fullerton… Again

Joshua by Spencer

Trying to look passed all of the bullshit the city has thrown at us

Twice now the City of Fullerton has managed to baffle a judge with bullshit and get the judge to issue a prior restraint against myself, David and this blog stopping us from publishing “secret city hall documents”.

Twice now the city has boasted of their win only to be slapped down by the CA Appellate Court.

First they spiked the football during a 05 November 2019 City Council meeting where hack & pretend-an-intellect Ahmad Zahra threw softballs at City Attorney Kimberly Barlow to support their lies & defamation. This was the meeting where they tacitly admitted to violating disclosure laws (The Brown Act) by not properly voting & disclosing said vote to sue us prior.

A week later the Appellate Court sided with us on the publishing gag & slapped it down.

The second time a judge granted a prior restraint the city ran to the North Orange County Chamber of Commerce who pretended to care about the newsworthiness of the case & they issued a Press Release. Said PR was basically just a hit-piece against us with a laughable lie by City Manager Ken Domer who hasn’t once tried to settle this case despite his bullshit postering about wanting to work with us to “bring it to a close”.

That time it took the Appellate Court 10 days to slap the publishing gag down. Not only did they stay the prior restraint – they took over the case entirely by accepting our appeal.

Now we’ll wait to see what happens next as the Appellate Court hears both sides & makes a ruling. Will they side with Fullerton who claims we “plundered” their public, widely available, known about & non-password protected Dropbox Account by virtue of allegedly clicking links that even literally had my name on them? Or will the Appellate Court laugh at Fullerton for trying to bury us with litigation, fees and threats all to cover the incompetence they’ve admitted to in their own arguments?

Time will tell and we’ll keep you updated.

Friends for Ferguson Family’s Future

Many of you have asked how to help our named bloggers sued by the City of Fullerton for doing nothing more than telling the truth. In addition to being absurd, the City of Fullerton also decided to be cruel and named one of our blogger’s employers in their ridiculous lawsuit without cause or merit, which resulted in said blogger’s unemployment. It’s likely the city’s onslaught will continue for months if not years.

The First Amendment exists to prevent this exact occurrence: Government using its considerable resources to destroy the life of individuals who criticize those in power. Here we are in 2019 watching it happen. Joshua Ferguson and his wife have three children. As a result of the city refusing to accept responsibility for its actions and instead accusing Ferguson of being a criminal; rent payments, Christmas, and the basic necessities of life are all under serious duress.

Fellow Fullerton Friend and Fullerton Parks and Recreation Commissioner Erik Wehn established a fundraising page for Joshua Ferguson this morning. We encourage all of you who value speaking truth to power and our fundamental American liberties to donate to the Ferguson cause. I don’t have to tell those of you who know this particular family that the Fergusons value their own hard work and being put in a position to accept charity is extremely difficult, but desperate times call for corresponding measures.

Joshua Ferguson has taken on corruption in the city of Fullerton and needs your help!

Last week Joshua Ferguson announced he had filed suit to get access to documents Fullerton is legally required to produce (thanks to CA Senate Bill 1421) concerning police lying, cheating, stealing, molesting, and beating of people. Guess what he received a week later as a direct consequence of standing up to the entrenched and belligerent interests at city hall? A retaliatory, anti-First Amendment lawsuit including Joshua and his employer, who had no involvement in what the suit alleges.

Not wanting to cause harm to his employer of ten years, Joshua resigned.

Now Joshua has a very expensive fight ahead of him and a family to feed.

Out of concern for his family, Joshua hesitated to take this fight on, but he wants his three kids to learn to stand up for what’s right, no matter the risk.

Now it’s our turn to do our part, uphold that principle, and remind others that if you fight the good fight you won’t be alone.

Please consider donating what you can to help Joshua fight the culture of corruption in Fullerton.

Erik Wehn

We often take for granted the cost of defending our right to free speech. It’s hard to miss the young men and women fighting for our country, but it’s easy to miss the patriot at the podium during a town council meeting who gets abused by the state for exercising a fundamental right.

Not all of us are brave enough to stake a personal cost in the fight for freedom. Joshua’s wife and three kids will personally bear this burden for us, the very least we can do is lighten the load.

Donate, help Ferguson fight back, and share widely.

City of Fullerton Is Suing Me And This Blog

You may have already seen the story and/or press release from the City of Fullerton articulating their lawsuit against myself, Friends for Fullerton’s Future and others.

You can read the Voice of OC’s write up on this lawsuit from the city [HERE]:

“Fullerton city attorneys are heading into Orange County Superior Court Friday to ask a judge for a temporary restraining order against resident Joshua Ferguson and a local blog to keep them from deleting city records they obtained and also asking a judge to appoint someone to comb through electronic devices for the records.”

That lawsuit from the city is retaliation for a Public Records Lawsuit I filed against the city last week which was written up by the Voice of OC [HERE]:

“Fullerton residents may soon find out exactly how former City Manager Joe Felz was given a ride home by Fullerton police officers after hitting a tree and trying to flee the scene following drinking on election night in 2016, after resident Joshua Ferguson filed a lawsuit against the city to produce police body camera footage from that night.”

I will have more details in the near future but our current response is HERE]:

“The basic purpose of the First Amendment is to prevent the government from imposing prior restraints against the press. “Regardless of how beneficent-sounding the purposes of controlling the press might be,” the Court has “remain[ed] intensely skeptical about those measures that would allow government to insinuate itself into the editorial rooms of this Nation’s press.” (Nebraska Press, 427 U.S. at 560-561.)

“Consistent with that principle, over the last 75 years, the United States Supreme Court repeatedly has struck down prior restraints that limited the press’ right to report about court proceedings. The Court has made clear that a prior restraint may be contemplated only in the rarest circumstances, such as where necessary to prevent the dissemination of information about troop movements during wartime, Near, 283 U.S. at 716, or to “suppress[] information that would set in motion a nuclear
holocaust.” (New York Times, 403 U.S. at 726 (Brennan, J., concurring).)

“This case does not come close to presenting such extraordinary circumstances. Thus, the City cannot prevail as a matter of law, regardless of how the records were originally obtained. The City’s requests are flatly unconstitutional in and Defendants, therefore, respectfully request this Court denying the City’s request in its entirely.”

More to come as these two cases play out in court.

Cox Complaint Sustained

Follow the Bouncing Bureaucracy

One of the biggest problems with government is that it’s slow to react and generally stupid in those reactions. This is largely because governments are run by incompetent bureaucrats who refuse to learn lessons from their own mistakes.

Let’s look at some complaints lodged against city appointed commissioners and how the city reacted to those complaints to see how the rules in government changed depending on the person involved.

First up is a complaint against our own Joshua Ferguson by city manager assistant Nicole Bernard. She apparently got mad at the posting of an anonymous complaint  against her.

She asked the city to compel Joshua to remove the post and the lawyer the city used to look into it came back with a big fat no can do: Continue reading