Dear Editor,
On Monday, Jun. 14, MAGA Drag the Interstate—Central Coast (MAGA) served a “Cease and Desist” letter via email to Tommy Gong, SLO County Clerk/Recorder, for his blatant lies about law-abiding citizens exercising their First Amendment right to support this nation, our President, and law enforcement via a MAGA Drag the Interstate – Central Coast event on Oct. 31, 2020.
In addition, a Process Server also served the letter the same day to Tommy Gong at the Clerk/Recorder’s office located at 1055 Monterey Street, Suite D120, in San Luis Obispo.
Neither of the two statements Tommy made in the Tribune “Opinion” section on May 17 against the MAGA car rally were factual. With about 1500 Patriots involved in the event on that day, we have copious amounts of video and photographic evidence to prove his lies.
San Luis Obispo Mayor Heidi Harmon tried to pull this same stunt on her personal Facebook page a few days after the event. It was explained to Harmon directly to remove the lies or be sued for libel and defamation, which she did remove.
Harmon’s video was evidence that shows the rally never “blocked the entrance to the Octagon barn.”
The MAGA Drag organization has Law Enforcement evidence as well since we had California Highway Patrol on the “scene” while the cars were parked on the opposite side of the street, waiting for the entire group to catch up after being separated by the traffic lights on Higuera street going through downtown San Luis.
Furthermore, in his capacity as SLO County Clerk/Recorder, Tommy Gong has revealed his very blatant bias against Republicans, Conservatives, and voters who are very concerned about election integrity and our democracy in this county, as well as across this nation. His office is to be conducted in a non-biased manner, of which Tommy Gong has not done. The following is our notice in full text.
Re: Libel and Slander of MAGA Drag the Interstate—Central Coast (“MAGA”)
Notice to ‘Cease and Desist
Dear Mr. Gong:
I represent MAGA with respect to the false, defamatory statements you have made about the organization.
Under the laws in the State of California, it is unlawful for an individual to make statements that are calculated to harm a person or organization’s reputation without factual evidence or based on hearsay. It is apparent that you do not have factual evidence to support your statements, since your statements are contradicted by extensive photographic and videotape evidence, as well as the CHP escort who accompanied the group on the day in question.
The false, defamatory statements include, but are not limited to, the following, which you published May 17, in The Tribune “We were also challenged with . . . a MAGA vehicle rally that circled the elections office (which serves as a voting location) and blocked the entrance to the Octagon Barn voter service center during one of the four days of voting.”
If you do not cease all related statements, a defamation lawsuit will be commenced against you.
This shall serve as a pre-suit letter demanding that you provide us written assurance within five days that you will cease and desist from making further factually untrue statements about MAGA.
In addition, demand is hereby made that, in The Tribune, you retract these false statements within seven days.
If you do not comply with this cease and desist letter within the aforementioned time-periods, a lawsuit may be filed against you seeking monetary damages as well as pursuing all available legal remedies for your defamation.
Sincerely,
Andrew R. Kislik
Nassiri & Jung LLP, San Francisco
