Senator Lena Gonzalez Attacks 1st Amendment

Stephen Downing

On Oct. 30, shortly after noon, a “cease and desist” letter from the law office of Olson/Remcho, signed by Sacramento based attorney Richard Rios, on behalf of Senator Lena Gonzalez, was the delivered via UPS to the Beachcomber’s office. 

In addition to Jay Beeler, publisher of the Beachcomber, and this writer, the correspondence was addressed to seven other individuals, none of whom have an official association with the Beachcomber.

The letter made a demand to “collectively cease and desist your actions which constitute harassment of Senator Gonzalez’s family and defamation against Senator Gonzalez’s husband, Adam Carrillo.”

A review of the claims made by Senator Gonzalez in the three-page letter revealed that none were directed to this writer, Beeler or the Beachcomber as a news organization, but yet the senator made a demand that both Beeler and this writer “cease distributing false and defamatory statements about Mr. Carrillo and Senator Gonzalez on any media…” delete all of your false and/or defamatory posts… issue a retraction and public apology for producing and disseminating these false and defamatory statements; and cease your harassment of Senator Gonzalez’s family at their residence…”

The letter threatened a restraining order against the Beachcomber’s future publications on any subject involving the senator or her husband and required a response by 5 p.m. the day the letter was received “to inform me of the steps you have taken to comply with this demand.”

In that the broad inclusion of Beachcomber personnel in the collective demand made upon nine separate individuals to cease and desist amounted to inexcusable overreach and an egregious abuse of the doctrine of prior restraint the attorney representing Senator Gonzalez – Richard R. Rios – was contacted by telephone.

Rios was asked why the Beachcomber personnel – and by implication the newspaper itself – were included in the letter and exposed to the cost of attorney fees to accommodate the response demanded when there was nothing in the letter that identified any activity or publication made by the media organization that was associated with any detail complained of within the Senator’s cease and desist letter.

Senator Gonzalez’s attorney replied: “The letter speaks for itself” and ended the call.

  1. The Beachcomber sent an email to Senator Gonzalez via her husband, Adam Carrillo, in which the following questions were asked:
    Why did you include Stephen Downing and Jay Beeler in your cease and desist letter – as well as a demand for response - when none of the incidents you alleged involving social media posts, mailers, unlawful access to DMV and credit reports or other so-called false claims made by one or more of the other seven persons the letter was sent involved the Beachcomber as a media organization or its personnel?
  2. Are you willing to withdraw your demand letter as it applies to the Beachcomber and its personnel and offer an apology for improperly using the office of a California State Senator to threaten freedom of the press without just or articulable cause?

Senator Gonzalez did not respond.

Stephen Downing is a resident of Long Beach and a retired LAPD deputy chief of police.

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Comments

In a similar manner I was miffed at the tone and content of the letter as well as to why all of us were lumped together as if we were some sort of cohesive entity. I've met everyone on that list at one point or another but the work I do on social media is my own, and I do not ask or receive permission from anyone to voice my constitutionally protected right of free speech.

In a precursor to Senator Gonzalez's letter, a week ago today she posted on her reelection page on Facebook that I "have spread lies, hate, furthered racist and misogynistic messaging in mailers," and other blatant lies. Gonzalez also claims I've been "harassing these amazing women leaders" whom she names later in her post as the candidates for Council District 8, Thrash-Ntuk; Council District 6, Saro; Council District 2, Allen; school board candidate Reyes-Uranga; and finally Community College candidate Chico.

Senator Gonzalez ends her social media post encouraging social media platforms to cancel me and encouraging her readers to "unfollow" me. Meanwhile, Gonzalez has continued her years-long practice of blocking me on social media and/or hiding my messages in a clear violation of the First Amendment, the Brown Act, and state ethics guidelines.

I have not been harassed by any Ovalle. I am not an elected official yet, but I do believe constituents need to be heard even if we don't agree with them. Now, on our private page we can delete anyone we want.
I have experienced the majority of folks out there to be cordial even if they disagree with you politically. That I can accept. But if they disagree with you personally then they should just call you. They usually don't follow thru. Carlos and his brother have been cordial to me even though we disagree on a few things, I thank you for
that.

I have never even mentioned Lena Gonzales during this entire campaign. What gives?

I chose to vote for Ms Gonzalez's opponent, Elizabeth Castillo. Someone outside the corrupted political establishment who truly serves her community and doesn't waste time on frivolous lawsuits!

Wake up and connect dots
Jeanne Pierce , Cindy Allen , Gonzalez husband involvement in Cindy Allen's business along with the deception and the leader of this corrupt political conspirators Robert Garcia

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