Because the expression goes, “For those who’re catching flak, it means you’re over the goal.” WeTheParents are catching flak within the type of stop and desist letters just because they’re advocating for his or her kids within the Manhattan Seaside Unified College District – and exercising their First Modification rights. It’s the last word in privilege to have the ability to unleash taxpayer-funded attorneys since you are too cowardly to battle your personal battles and tackle professional issues submitted in a correct and respectful vogue by a dad and mom group who’re nicely inside their authorized and constitutional rights.
Manhattan Seaside USD Board President Jennifer Fenton has change into the face of that privilege the Board and Trustees declare they’re making an attempt to remove from the district. It’s not a very good look.
Fagan Friedman & Fulfrost LLP (Fagan-Friedman LLP) acts as common counsel for the Manhattan Seaside Unified College District, and evidently Fenton is utilizing them as her personal private enforcers. The legislation agency issued their first stop and desist letter towards WeTheParents in early October, which was emailed to the group as a complete with the topic line:
False and Defamatory Statements Contained in October 2, 2021, Electronic mail and Demand that WeTheParentsMB Instantly and Completely Stop and Desist from Additional and Ongoing Defamation
Apparently, the one board member the WeTheParentsMB was accused of defaming was Jennifer Fenton, as a person. The letter urged WeTheParentsMB to promptly retract these false and defamatory statements about Ms. Fenton and difficulty an apology.”
Not solely does Fenton need absolution; she desires obeisance.
We’re Basic Counsel to the Manhattan Seaside Unified College District (“District”) Board of Schooling (Board”). We’re in receipt of a duplicate of an October 2, 2021, e-mail from WeTheParentsMB “CALLING ALL RESIDENTS” to unwarranted and defamatory assaults towards Board President Jennifer Fenton.
The time period “unwarranted” is strictly a matter of opinion. Simply since you fail to notice the difficulty or concern being introduced doesn’t imply such a difficulty or concern doesn’t exist. The time period “defamatory assaults” is a matter of authorized argument, so Fagan-Friedman LLP is at the least in its wheelhouse in addressing this level.
The letter continues:
Earlier than addressing the blatantly false and defamatory statements made towards Ms. Fenton nonetheless, it is very important right your obvious primary misunderstanding of the function and authority of particular person college Board members.
…
The Board President’s incapacity to behave unilaterally is notably described in Board Bylaw 9323, Assembly Conduct, relating to the general public’s proper to deal with the Board.
Once more using the time period “defamatory,” and once more referencing solely Jennifer Fenton. WeTheParents have additionally raised issues about Board member Jason Boxer, as referenced in Half 2 and Half 3 of Opinion’s unique. However this letter solely appears fixated on what was written about Board President Jennifer Fenton.
The legal professional once more lectures WeTheParents in regards to the group’s “misunderstanding” in regards to the function and authority of particular person college board members. Nonetheless, Jennifer Fenton is the elected consultant who grew to become president of the board. Fenton has the function and authority to run the board conferences, resolve how these conferences can be performed, who’s allowed to talk at stated conferences, and who will not be. Fenton can be the one who presents the route the total board has chosen to take. It’s fascinating that the problems WeTheParents have with the board’s route solely cropped up since Jennifer Fenton grew to become board president. So, whether or not choices and authority are made by the collective board, it’s Jennifer Fenton’s management because the face, fundamental voice, and level of contact with the board that’s seen by the general public at massive. It is usually Fenton who holds the burden of accountability for correctly speaking the board’s targets, route, and actions to the general public. The truth that Fenton used the final counsel of the Manhattan Seaside Unified College District to difficulty a stop and desist letter exhibits that she has failed miserably in that function.
This letter additionally references WeTheParents’ October 2 publication, which inspired Manhattan Seaside residents to put in writing letters to Fenton in an effort to tackle the issues talked about within the publication. When did a letter-writing marketing campaign change into a revolutionary act? Apparently when it includes dad and mom making it identified that they’re watching what the College Board does and demand a say in how their kids are taught.
The portion of the publication referencing Board President Jennifer Fenton reads:
Fenton subscribes to the identical beliefs because the group of locals who accused MB of Systemic Racism and needing a Variety, Fairness, and Inclusion Committee (DEIC) to coach residents to be “Anti-Racists.”
In a 4-1 vote, Metropolis Council rejected the request by the Bruce’s Seaside Job Pressure members to be a DEIC, however that didn’t cease Fenton from focusing on our faculties for one thing a lot worse.
Underneath Fenton’s management, she has changed Educational Excellence and Character Growth with ideological beliefs in Social Justice, Gender Fluidity, Vital Race Concept, Intersectionality, White Fragility, and Racial Reckoning, simply to call a number of.
For those who’re not accustomed to these phrases, you’re not alone.
She intends to rent CLEAR, an organization that can act because the race and fairness police with classroom walkthroughs, race coaching for lecturers, focusing on our youngest with “selecting your gender” lesson plans, and extra.
She already paid CLEAR $25,000 to put in writing a report, concluding the Board ought to rent them!
The College Board not aligns with the rules and values which have made our faculties the gold commonplace of excellence.
And worse but, when dad and mom attempt to inform fellow residents of what’s occurring in our faculties by publicly talking at College Board conferences, Fenton suppresses their message:
- no participation obtainable by way of ZOOM; just one particular person within the in-person assembly at a time; speeches on the identical matter are minimize off; no matter what number of audio system attend, she arbitrarily decides what number of can be heard.
- Squelching speech doesn’t occur in our Metropolis Council conferences.
- The 5 Council Members and the Metropolis Lawyer guarantee all residents who wish to communicate will not be denied. Council conferences are by way of Zoom, and the hyperlink is instantly accessible.
- Within the Council assembly that rejected a DEIC, over 400 residents have been in attendance on Zoom.
- It took hours to get by means of the entire public feedback, however no resident was denied their proper to weigh in on this significant determination.
- There was an amazing response from residents to reject the thought of a DEIC, and we’re grateful to Council members for listening to the voices of the like-minded majority.
By suppressing public participation within the College Board conferences, Ms. Fenton offers the looks she is making an attempt to stop an identical overwhelming response from residents rejecting her choices and plans for our faculties.
No matter her motives, MB residents count on to take part within the College Board conferences with the identical clear entry because the Metropolis Council conferences.
As of the date of this e-mail, Ms. Fenton has nonetheless not made the Board conferences obtainable by way of Zoom for the October sixth and twentieth conferences scheduled to debate CLEAR. We hope she is going to change course.
I learn nothing inflammatory on this publication or acknowledge any calls to Manhattan Seaside residents to put in writing something untoward. There may be additionally nothing that even comes near the authorized definition of “defamation.” The publication merely lists the group’s grievances with an elected official’s actions and requires some group organizing to deal with the issue.
So, the stop and desist letter despatched by Fagan-Friedman LLP will not be solely boilerplate, however a knee-jerk response meant to individually goal WeTheParents and intimidate them – and any who would possibly wish to be part of them or communicate up about different points – into silence.
That was additionally the intention of the threatening rant with which Board President Jennifer Fenton began the October 6 College Board assembly. Fenton admits that her rant was additionally precipitated by the October 2 Publication referenced above:
To answer a really public and widespread publication that went out over the weekend from a bunch known as “WeTheParentsMB,” I’ll begin by saying that the e-mail is filled with lies and is each slanderous in addition to defamatory. For many who are watching and are a part of this group, please know that I’ve spoken with attorneys and have subsequently filed a report with Manhattan Seaside Police Division. We’ve additionally contacted the net host the place We the Mother and father MB e-mail tackle is registered, to report the abuse and misconduct. This nameless group is making an attempt to derail that which the varsity board was elected to do – oversee training and characterize the pursuits of our college students and workers.
There’s that phrase “defamatory” once more. Fenton additionally used “slanderous,” which is wrong. Because the publication was printed, it might solely apply to the written phrase, which is defamation. In response to her bio, Fenton was a lawyer in her previous life; so she ought to know the distinction. And, she filed a police report as a result of a bunch of oldsters engaged in group organizing? What crime was she reporting? And sure, the group is making an attempt to derail one thing – Fenton’s agenda.
Fenton continued:
Opposite to the myriad of lies which might be viciously being unfold about me, I’ve not changed educational excellence or character growth. Curriculum change requires a course of, together with a committee with instructor and dad or mum involvement in addition to a board vote. I unilaterally should not have the authority to impart CRT, white fragility or racial reckoning into our instructor’s course materials. Nor have we as a governing board ever mentioned these theories or their utility in our Ok-12 instruction. MBUSD has at all times and can proceed to show “actual Math, Science, Historical past and English.” We comply with state mandated pointers, together with frequent core requirements, California content material requirements and California curriculum framework. We’ve by no means veered from the agenda of offering one of the best training for our college students. So, to say that I’ve changed any of our teachers is a hundred percent disinformation. It’s unfaithful. Let me repeat myself. There may be zero validity to this outlandish plan.
Different parts of the October 2 WeTheParents publication mentioned precise coursework that has been launched to college students, and the place dad and mom have recorded their objection to its inclusion. The publication paperwork that these objections have been ignored by the Board.
On October twentieth we’re internet hosting a workshop to debate an fairness audit that was performed for MBUSD. And through that dialog we’ll discover subsequent steps to make our campuses and our curriculum extra inclusive. However there have been no modifications and there can be no modifications till we as a group decide our priorities and subsequent steps. Talking on to these behind We the Mother and father MB your dissenting voices have been heard. Now cease disseminating lies. My political opinions are irrelevant. This function is non-partisan and I’ve by no means as soon as introduced politics into the dialog. In actual fact, nobody has ever requested me what beliefs I subscribe to. So I’m left to surprise do you actually know me or is it simpler to your to ahead a anonymous e-mail and ship me harassing and insulting messages on-line.
From the tone of the screed and these references, it seems Fenton moved from the realm {of professional} to private fairly rapidly.
And talking of one other baseless declare within the publication, CLEAR, the corporate that we as a collective board voted to approve throughout consent of a public assembly, that firm performed an fairness audit. Please hear me loud and clear after I inform you that the group has accomplished their companies. The contract date which will be discovered on the general public February third agenda was from February eighth by means of June thirtieth. By my calendar that interval has ended. I’ve by no means expressed verbally and even in written communication any intent to rehire the group. And as soon as once more I should not have the unilateral authority to make this determination. Telling the general public in any other case is deceiving and it perpetuates one other falsehood from this nameless group. Along with assassinating my character, it’s additionally been acknowledged that I’m making an attempt to suppress public talking.
As soon as once more we get a mirrored image of her private viewpoint. There may be nothing within the publication that alludes to character assassination. What’s at difficulty is Fenton’s management on the board, however it’s Fenton who is selecting to make it about herself.
In a harassing e-mail I obtained this week somebody really wrote, “what sort of particular person toddler struggling are you which you could’t settle for actual communication from dad and mom”. In one other message I used to be advised “is it value having your loved ones hated”. As I at all times point out throughout public feedback all viewpoints are welcome. MBUSD board doesn’t function the identical approach as metropolis council does. We do have by legal guidelines and process that enables for members of the general public to share their opinions and views. For many who increase issues about our course of we comply with the Brown Act and seek the advice of with attorneys repeatedly. I didn’t make this plan. I didn’t create the coverage. I additionally don’t arbitrarily resolve who can communicate or censor anybody. For those who really confirmed as much as our conferences, fairly than hiding behind a publication with no identify you’d expertise how MBUSB handles public feedback.
We are able to see that what Fenton most resents is the selection of oldsters to retain their anonymity. With the craze behind this rant, are you able to blame them? By focusing on the group with a stop and desist letter, accusing them of constructing “egregiously false and defamatory statements” and threatening authorized motion, it’s clear that Fenton and the remainder of the MBUSD Board are not looking for dialogue or goodwill; they need management.
Whenever you arrive on the district workplace you’re given a remark card to fill out. You fill it out, you flip it in. I comply with that order. And when the timeframe for public feedback has run, we transfer on. Bear in mind the aim of our assembly is to conduct extra enterprise within the public. However we’ll at all times present the group with a possibility to share their views. That may by no means change. The zoom data that many have known as nicely, that’s for individuals who refuse to put on a masks and nonetheless want to give a stay public remark. We offer you a discussion board so your voice will be heard, even when you refuse to comply with public well being orders. The kiosk with the pc and the zoom already hooked into this assembly is made obtainable exterior the district workplace. There isn’t any hyperlink that I’m holding onto or suppressing from you. I’m a lawyer by commerce and I wholeheartedly imagine in the appropriate to free speech. Your entry to this board is limitless and we are able to disagree, however if you as a anonymous and faceless group disseminate lies, slander, defame, even bully somebody, you’ve gone too far.
As soon as once more, she is utilizing phrases that don’t equate with what was written within the publication. Expressing opinions and writing letters to point out solidarity and settlement that sure issues must be addressed don’t fall underneath the class of slander or bullying. Sending a stop and desist letter positively falls underneath the latter.
My face, together with these board members, has been plastered on a poster board and growth on the town. I’ve obtained emails telling me I’m silly, I must be ashamed of myself, and I’m incompetent. And now there’s a publication from We the Mother and father MB that’s a hundred percent false, making an attempt to destroy my popularity, that’s not okay.
Fenton is conflating different assaults with the WeTheParents publication, which is grossly unfair, and albeit, unprofessional. As a Board President in a small group, she’s a public face and she or he holds a public function. Identical to any elected official, you need to count on public problem, push again, and accountability. Apparently, this isn’t what Fenton signed up for, and she or he is pissed that she has to take care of it.
I really like Manhattan Seaside, however I’ve by no means seen some members of this group stoop to this stage. If in case you have the braveness to select up the telephone and name me or e-mail me instantly, then accomplish that. I reply each message that has a reputation assigned to it. I’m one in all 5. A majority is how we conduct our enterprise. And for individuals who are watching and simply tuning in, please know that many of the group helps this board. And it’s really unhappy to see how these nameless people try to muddy the waters right here. We now have an unbelievable group and I’m proud to characterize. Okay I’m now going to compose myself and conduct and do the job that I used to be elected to.
Fenton’s final phrases have been confirmed disingenuous as a result of it was across the similar time this epic screed occurred that WeTheParents obtained their first stop and desist letter. Because the group solely maintains an e-mail tackle (no web site, because the stop and desist letter incorrectly references), the letter was despatched by a authorized assistant to the e-mail provided on the publication. The message: muddying the waters will not be allowed in Manhattan Seaside, and Fenton will do what she will to stop it from taking place. Enter Fagan Friedman & Fulfrost LLP.
It was solely after the October 21 publication of Opinion’s unique on the Manhattan Seaside Unified College District Board with interviews from the faces of WeTheParents: Lauren Harger, Pamela Davidson, and Fred Taylor, that Fenton and the MBUSD Board had names to connect to WeTheParents. Clearly, Fenton wasted no time in focusing on the three people who have been courageous sufficient to step up and characterize themselves and the opposite dad and mom within the group.
On November 9, comparable stop and desist letters from Fagan-Friedman LLP have been despatched to Harger, Davidson, and Taylor at their properties.
The letters are almost similar, allege the identical defamation claims, and threaten motion if they don’t cease their “assaults” on Jennifer Fenton and difficulty an apology. One paragraph was modified from the primary “common” letter despatched to WeTheParents at their e-mail tackle, and our Opinion unique was referenced within the textual content and the footnote of the person letters:
In response to a latest Opinion article, October 21, 2021, you and two different group members, “have chosen to be the faces of WeTheParentsMB.” 1 Whereas we don’t impute the statements by, or conduct of, WeTheParentsMB to you individually, we hope, as one of many obvious leaders of WeTheParentsMB, you may take the mandatory and acceptable steps to make sure WeTheParentsMB ceases and desists from participating in additional acts of defamation towards Ms. Fenton.
That is nothing greater than taxpayer {dollars} getting used to intimidate and threaten folks Fenton disagrees with and who’ve the braveness to face as much as her. It’s obvious that Board President Jen Fenton is hiding behind the varsity district’s legislation agency in an effort to quash MSUSBD dad and mom’ rights to talk freely as Harger, Taylor, Davidson, and WeTheParents absolutely acknowledge. In an announcement to Opinion, they stated:
“It was after the Opinion articles got here out that Fenton lastly had three names to connect to our heretofore nameless group, and she or he wasted no time in looking us down and sicc’ing her attorneys on us urging a retraction and an apology.”
Right here’s the issue: Fagan-Friedman LLP has no authorized foundation for a case, and so they realize it – or, they need to, since this space of legislation is fairly cut-and-dried. Fenton is an elected native official, which in restricted half takes her out of the realm of a personal citizen. As an elected official and the vocal face of the Manhattan Seaside Unified College District Board, her capacity to say defamation is enormously restricted, and her actions relating to the varsity district are topic to scrutiny and criticism.
Ought to Fagan-Friedman LLP select to maneuver ahead on this idiot’s errand in an effort to defend Fenton, the case could be topic to California’s antiSLAPP statute, as IP Regulation 360 explains:
California’s antiSLAPP statute “permits a courtroom to strike any explanation for motion that arises from the defendant’s train of his or her constitutionally protected proper of free speech or petition for redress of grievances.” (Flatley v. Mauro (2006) 39 Cal.4th 299, 311312.) Two of the 4 classes of actions protected by the antiSLAPP legislation “require a particular displaying” that the challenged explanation for motion “issues a matter of public curiosity.”
What’s extra, the statute offers vast latitude on what is taken into account “issues of public curiosity” (emphasis added):
Some California Courts of Attraction, following the Legislature’s statutory directive to construe the antiSLAPP statute broadly, have concluded “that ‘a difficulty of public curiosity’ … is any difficulty wherein the general public is . In different phrases, the difficulty needn’t be ‘vital’ to be protected by the antiSLAPP statute — it’s sufficient that it’s one wherein the general public takes an curiosity.” (Nygård, Inc. v. UusiKerttula (2008) 159 Cal.App.4th 1027, 10391042.) Underneath this broad commonplace, courts have stated that whether or not a difficulty is of public curiosity “will be ‘evidenced by media protection’” (Sipple v. Basis for Nat. Progress (1999) 71 Cal.App.4th 226, 238239), in addition to by whether or not members of the general public have posted commentary in regards to the matter in query on the web (Chaker v. Mateo (2012) 209 Cal.App.4th 1138, 11461147). Courts adhering to such a broad interpretation of the antiSLAPP statute have concluded {that a} numerous vary of points fulfill the “public curiosity” commonplace.
So, WeTheParents are completely inside their authorized and Constitutional rights to talk up about their issues in regards to the public curiosity of the varsity board which dictates the training of their kids, and to arrange and rally different dad and mom to do the identical. What Fenton, underneath the auspices of Fagan-Friedman LLP, is making an attempt to do is the worst type of bullying.
As soon as once more, the Manhattan Seaside Unified College District Board is competing with the Loudon County College Board in VA, and different college boards throughout the nation on probably the most inventive methods to silence dad and mom’ voices.
Maybe the Nationwide Affiliation of College Boards is operating some secret contest with prizes provided by the Division of Justice.
As my colleagues have documented, dad and mom and oldsters’ teams in Connecticut, Rhode Island, Southern Arizona, Scottsdale, and Nevada are underneath authorized and private assaults for merely demanding their college boards hear their voices, and tackle their issues in regards to the instructional route of their college districts, and what their kids ought to, and shouldn’t be studying.
WeTheParents are unbowed and plan to proceed their pursuit to carry the Manhattan Seaside Unified College District Board accountable regardless of Fenton’s makes an attempt at coercion and chilling free speech, aided by Fagan Friedman & Fulfrost LLP. They inform Opinion:
“We take into account it par for the course when coping with imperious elected officers. Jen is especially triggered, as evidenced by her rant on the college board assembly. That is simply the bitter cherry on high of that cake.
“It a bullying tactic, and an effort to silence dad and mom and to painting themselves as victims. WeTheParents haven’t any energy moreover our voices and our votes. We don’t have costly attorneys and wordsmiths at our disposal, in contrast to Ms. Fenton, who enjoys the advantages of taxpayer-funded attorneys to do her soiled work. Irony.”
Fenton and her ilk could have thought-about themselves “WOKE,” earlier than, nevertheless it’s a assure that they’re absolutely awake now.
About Post Author
