Elections

Zimmerman Lawsuit Dismissed and Sanctioned

The Austin Bulldog’s anti-SLAPP motion approved
after second hearing, damages and cost assessed

by Ken Martin
© The Austin Bulldog 2014
Posted Wednesday January 7, 2015 3:02pm
Updated Wednesday January 7, 2015 4:22pm to define SLAPP

Council Member Don Zimmerman’s defamation lawsuit against The Austin Bulldog was dismissed today by Judge Amy Clark Meachum of the 201st District Court, based on approval of The Austin Bulldog’s anti-SLAPP motion (to dismiss a Strategic Lawsuit Against Public Participation).

Zimmerman filed the lawsuit October 15, 2014, during his election campaign, in response to The Austin Bulldog’s article published October 9, 2014. The article was based on court records that say the court ordered he “shall have no possession of or access to” the minor child. The petition that led to the court order states, “Respondent (Zimmerman) has a history or pattern of physical and emotional abuse directed against M.Z. (his daughter Marina Zimmerman).” On June 16, 2014, Zimmerman signed and approved an Agreed Order stating the “Court finds that the material allegations in the petition are true.”

Judge Meachum awarded defendant Austin Investigative Reporting Project (dba The Austin Bulldog) $8,400 in attorney’s fees for the work of Peter D. Kennedy of Graves Dougherty Hearon & Moody PC, who represented the Bulldog, plus court costs and other expenses of $579, and a sanction of $1,000.

The ruling followed two hearings, held December 18 and January 5, concerning The Austin Bulldog’s motion to dismiss Zimmerman’s lawsuit under the Texas Citizens Participation Act, enacted in 2011 “to encourage and safeguard the constitutional rights of persons to petition, speak freely, associate freely, and otherwise participate in government to the maximum extent permitted by law and, at the same time, protect the rights of a person to file meritorius lawsuits for demonstrable injury.”

Section 27.009 of the Act states if the court orders dismissal the court “shall award” court costs, reasonable attorney’s fees, other expenses, and “sanctions against the party who brought the legal action as the court determines sufficient to deter the party ... from bringing similar actions described in this chapter.”

2014 in the Rearview Mirror

A review of ‘The Austin Bulldog’s unique
coverage and its impact on the community

by Ken Martin
© The Austin Bulldog 2014
Posted Monday January 5, 2015 10:36am

The structure of journalism has changed dramatically. The dominance of electronic media provides free and open access to massive amounts of information delivered immediately via the Internet. But it provides no qualifying filter and trusted sources of news and commentary are found side by side with the misguided and misleading.

Yet news itself hasn’t changed. Human nature hasn’t changed. We still have crooks, thieves, power abusers, and the inept. Cover-ups will exist as long as humans exist. To keep dishonesty at bay requires watchdogs—investigative reporters who are willing and able to dig beneath the surface, examine the details, and bring the truth to light. It is more important than ever to identify and support the news sources that have proved themselves worthy of your trust. The Austin Bulldog strives to be such a source.

Election coverage

The year 2014 ushered in an historic shift in political power. The system of electing council members from 10 geographic districts broke the Westside grip and allowed suburban sprawl to overtake City Hall. For the first time women will make up a majority of the City Council—a super majority of seven in fact. Hispanics finally gained representation close to their share of the population and the first Latina will take a seat on the dais. Republicans not only broke the Democratic stranglehold but will hold three of the 10 District council seats.

The Austin Bulldog’s reporting played an important role in helping voters to decide which candidates deserved donations, volunteer efforts, and votes.

The next mayor—We provided in-depth coverage of Steve Adler, the man who will lead a council of nine newly minted members and only one holdover. Early articles covered Adler’s achievements as chief of staff to a state senator and as a leader of several important local nonprofits. These were followed by articles critical of his role as an attorney for property owners who were able to avoid compliance with current environmental regulations. The final installment detailed how he personally profited from not having to comply with the Save Our Springs Ordinance for development of a tract in Oak Hill. While Adler won a landslide victory in the mayoral runoff he did so no endorsements from the environmental community and will have to work harder to overcome distrust by protecting our environment.

 An Election For History Books

Geographic representation achieved, GOP wins
three seats, and several other records set

by Ken Martin
©The Austin Bulldog 2014
Posted Wednesday December 17, 2014 8:28pm
Updated Thursday December 18, 2014 6:21am

The largest landslide margin ever in an Austin mayoral runoff was achieved last night, as mayoral victor Steve Adler swamped incumbent Council Member Mike Martinez.

In Travis and Williamson counties a combined total of 80,669 votes were cast in the mayor’s race. Adler garnered 54,366 for 67.39 percent, while Martinez netted 26,303 for 32.61 percent.

Laura Morrison set the previous record by getting 65.0 percent of the votes in her 2008 runoff against Cid Galindo. Robert Barnstone got 64.98 percent in beating Sam Guzman in a 1988 runoff.

Lee Cooke in 1988 set the prevous record for margin of victory in a mayoral runoff when he got 58.43 percent of the votes to unseat incumbent mayor Frank Cooksey.

At age 25, Greg Casar became the youngest Austin City Council member ever elected.

Previously the youngest council member was 26-year-old Jeff Friedman, elected in 1971.

Friedman’s campaign consultant in that election, Peck Young, verified this, saying, “Jeff was the youngest when he was elected and Greg beats him by a year.” Casar will turn 26 in early May.

Casar ran a smart campaign to soundly defeat now two-time loser Laura Pressley (she got an impressive 44.48 percent of the votes in her one-on-one challenge of incumbent Martinez in 2012).

Casar’s District 4 victory of 2,851 votes (64.62 percent) to her 1,561 (35.38 percent) resulted in part from her campaign’s faux pas. Perhaps not the least of which was getting involved in a discussion of the 9-11 attacks being an inside job, which drew intense media coverage, and her latest mail piece attacking Casar for, among other things, allegedly being an atheist.

Still, last night Pressley couldn’t resist a parting shot. A little after 8pm as early voting results showed she was already behind by more than 700 votes, she insisted on being quoted as saying, “Greg sold District 4 to special interests.”

In response Casar told The Austin Bulldog, “My track record stands up for working people and progressive ideals, even when special interests stood in the way. I’m going to stay committed to that.”

Women rule