CXLIV - The Tempe era set to begin as ASU opens Mullett Arena

[Llama19]

 

[Yukon Joe]

So usual proviso: I am a lawyer, but not licensed in Arizona, and certainly don't specialize in defamation lawsuits. This is not legal advice - just some off the cuff observations.

So first of all a demand letter has pretty limited legal meaning. Anyone can send one - you're just paying more to get your lawyer to put it on lawfirm letterhead,

But if they actually go ahead with a lawsuit it seems like a bad idea. Most obviously there's the "Streisand effect", whereby complaining only draws more attention to the original statement.

But more generally whether Tempe should help build an arena for the Coyotes is obviously a matter worthy of public debate, and generally will attract strong first amendment protection. To the extent that Meruelo has room to object it's over the word "corrupt". But that's a term that doesn't have a super-precise meaning, and honestly could as much be a matter of opinion as of fact. It's not that the arena opponents made a specific claim that could demonstrably be proven to be false.

Finally (and this is where I'm well past my qualifications) googling does suggest Arizona has a strong anti-SLAPP law (SLAPP=strategic lawsuit against public participation) that might result in any such lawsuit being thrown out and costs being awarded against Meruelo.

 

[TheLegend]

I didn't say inaccurate but pointing out that he is a "prominent Hispanic business leader" makes it out as if the opposition to the arena is based in his race. Now I am sure there are racists in Arizona just like any place but I sincerely doubt that a significant portion of the opposition to the deal is because of AM's race. There are plenty of reasons to oppose the arena including simply just not wanting a 16K seat arena in their city.

Would you say the same thing it it were "prominent Martian business leader"???

Funny how I never looked at it from a heritage point, but it's interesting that people want to single that one thing out over everything else.

 

[KevFu]

I didn't say inaccurate but pointing out that he is a "prominent Hispanic business leader" makes it out as if the opposition to the arena is based in his race. Now I am sure there are racists in Arizona just like any place but I sincerely doubt that a significant portion of the opposition to the deal is because of AM's race. There are plenty of reasons to oppose the arena including simply just not wanting a 16K seat arena in their city.

There ARE plenty of reasons to be opposed. But mentioning his race is a standard dog whistle common in the cesspool that is American politics.

 

[Yukon Joe]

There ARE plenty of reasons to be opposed. But mentioning his race is a standard dog whistle common in the cesspool that is American politics.

Uh guys - the people calling Meruelo a "prominent Hispanic business leader" are Meruelo's supporters.

 

[TheLegend]

There ARE plenty of reasons to be opposed. But mentioning his race is a standard dog whistle common in the cesspool that is American politics.

Uh guys - the people calling Meruelo a "prominent Hispanic business leader" as Meruelo's supporters.

Joe is correct here, Kev. The statement was more than likely crafted by the attorney representing TempeWins.

Should note that the "No" campaign likely violated election law because they were putting their signs out well before the 75 day window opened up allowing them to. But this gets rule gets ignored a lot here.

 

[KevFu]

Uh guys - the people calling Meruelo a "prominent Hispanic business leader" as Meruelo's supporters.

Ok, that's funny. After living there and being bombarded with the mudslinging ads all the time, I just assumed the opposite!

 

[Dirty Old Man]

So... did you ask for one?

 

[TheMoreYouKnow]

Ok, that's funny. After living there and being bombarded with the mudslinging ads all the time, I just assumed the opposite!

Because they want to create the impression that the opposition to him is such mudslinging.

 

[TheLegend]

So... did you ask for one?

I just did.

Update: I have the full press release (not the actual C&D letter) in my mailbox and will try to get it up later tonight.

 

[Llama19]

From the AZCentral paywall article, PACs face off over proposed Coyotes arena district in Tempe. The battle of words is getting ugly

To quote:

""Tempe 1st leader Dawn Penich-Thacker isn't concerned, however. She told The Arizona Republic that "the truth is not defamatory," and described the cease-and-desist letter as a "run-of-the-mill bullying tactic."

"Our attorney reviewed their letters and found them to be completely baseless and nothing more than a desperate attempt to intimidate voters into silence," she wrote in an emailed statement on Thursday. "There is nothing defamatory about residents alerting their neighbors to genuine concerns and well-documented facts."""

Source (Paywall): www.azcentral.com/story/news/local/tempe/2023/03/16/tempe-pacs-face-off-over-proposed-coyotes-hockey-arena-district/70012586007/

 

[TheLegend]

From the AZCentral paywall article, PACs face off over proposed Coyotes arena district in Tempe. The battle of words is getting ugly

To quote:

""Tempe 1st leader Dawn Penich-Thacker isn't concerned, however. She told The Arizona Republic that "the truth is not defamatory," and described the cease-and-desist letter as a "run-of-the-mill bullying tactic."

"Our attorney reviewed their letters and found them to be completely baseless and nothing more than a desperate attempt to intimidate voters into silence," she wrote in an emailed statement on Thursday. "There is nothing defamatory about residents alerting their neighbors to genuine concerns and well-documented facts."""

Source (Paywall): www.azcentral.com/story/news/local/tempe/2023/03/16/tempe-pacs-face-off-over-proposed-coyotes-hockey-arena-district/70012586007/

Then they should be able to produce said “facts”

Typical blustering I’d say.
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[Edit] Well well well..... someone is playing select quoting game again.

A little farther up the article is explains what prompted the C and D letter.....

Tempe 1st has also consistently taken shots at Meruelo. The PAC cites his tumultuous and short tenure running the team in Glendale, called him a "deadbeat" who is "notorious for unpaid bills," and planted signs across Tempe that label him a "corrupt billionaire."

Those signs were what prompted Meruelo's lawyer to send Tempe 1st a cease-and-desist letter on Tuesday, saying there is "absolutely no justification or evidence to back up" the allegation that the team owner is "corrupt." Such letters typically serve as warnings that a lawsuit will be coming down the chute if the claims in question don't stop.

"Aside from being dishonest to voters, the false claims spread by Tempe 1st are damaging the reputations of Meruelo and his businesses without justification," Tempe Wins wrote in a news release.

 

[TheLegend]

And with that.... here is the release I recieved from the leader of the Tempe WIns PAC.

​ ​ ​

​ For Immediate Release​ March 15th, 2023​ Attorney Demands Group Opposing Job Creating Redevelopment Stop Spreading Misinformation About Prominent Hispanic Business Leader Who Seeks To Transform An Old Landfill Into A New Entertainment District​ Cease And Desist Letter Seeks To Stop Blatantly False Claims​ (Tempe, Ariz.) Whether it involves government, politics, business, or just common decency, Tempe is a community that values the truth and civility. As voters decide on Props 301, 302, and 303, honesty is critical.​ However, the political organization calling itself “Tempe 1st” has resorted to calling a respected Latino business leader “Corrupt” with absolutely no justification or evidence to back up the false claim.​ While hyperbole has always been a staple of political discourse, campaigns are still expected to tell the truth. Aside from being dishonest to voters, the false claims spread by Tempe 1st are damaging the reputations of Meruelo and his businesses without justification.​ That’s why attorneys for the group supporting the entertainment district, “Tempe Wins”, along with Bluebird Development, and Alex Meruelo himself, have sent Tempe 1st cease and desist letters.​ The truth is that Alex Meruelo is an American success story. His parents came from Cuba seeking a better life. He worked his way up from humble beginnings and now has a 40-year record of business successes in highly regulated industries through multiple economic cycles in banking, media, real estate, and food services. He is the first Hispanic to have controlling interest in an NHL team, the Arizona Coyotes.​ Yet his plan to pay Tempe $50 million for an old landfill near Tempe Town Lake to build a privately funded entertainment district and sports arena is under attack by a small group of individuals who lack respect for the truth. They want to defeat Props 301, 302, and 303, rather than see Tempe gain the additional jobs and revenue for city social services this project would deliver. The members of the opposition may not need or care about social services, new employment opportunities, or common decency, but many others do. The political process should be above name-calling and focus on the merits of the deal.​ The plan calls for a $2.1 billion dollar investment from the private sector. It has been described as “the best sports arena deal in Arizona history” by Tempe Mayor Corey Woods and was approved unanimously by Mayor Woods and the Tempe City Council because it is privately funded. Yet Tempe 1st continues to defame this project with the slogan, “No Handouts for Corrupt Billionaires.”​ Tempe 1st member Lauren Kuby’s opposition to the project is also hypocritical given her previous vote as a Council Member. In 2021, then Council Member Kuby voted in favor of an agreement between the City of Tempe and the Los Angeles Angels that gave $40.9 million for renovations for Tempe Diablos Stadium.​ Props 301, 302 and 303 will turn a landfill that currently generates zero revenue into a landmark that generates more than $690 million in net benefits for Tempe for critical social services and city needs, $33 million for public safety, $13.1 billion in additional spending in Tempe, and 6,900 permanent jobs. Further, Props 301, 302 and 303 are a historic vote for union jobs and union families. The project includes an unprecedented labor agreement directly in the governing agreement with the City of Tempe that commits the developer to utilize union labor.​ “Tempe Wins wants an honest debate about the facts of this important project because we believe an honest debate will win the day as voters are asked to cast their ballots by May 16th. We also hope that many of the opponents to our proposal don’t embrace the ugly and false tactics employed by Tempe 1st. We simply ask them to play fair and tell the truth,” said Xavier A. Gutierrez, president and CEO of the Arizona Coyotes.​ In addition to boosting Tempe’s economy, Props 301, 302, and 303 would clean up an unsightly and hazardous landfill without impacting city coffers. The project has been endorsed by civil rights organizations, labor leaders, chambers of commerce, former City Council Members and four former Tempe Mayors.​ For more information about Tempe Wins visit www.TempeWins.com.​ ### For more information: Sophie O’Keefe-Zelman 602-380-1809 I Sophie@TempeWins.com

So if I had to gander about this.... Alex Meruelo was fine with the subtle chirping from Tempe 1st until they decided to place these posters out everywhere which is a direct slur against his character and he's decided enough is enough.

 

[Llama19]

 

[PredsHead]

And with that.... here is the release I recieved from the leader of the Tempe WIns PAC.

​ ​ ​

​ For Immediate Release​ March 15th, 2023​ Attorney Demands Group Opposing Job Creating Redevelopment Stop Spreading Misinformation About Prominent Hispanic Business Leader Who Seeks To Transform An Old Landfill Into A New Entertainment District​ Cease And Desist Letter Seeks To Stop Blatantly False Claims​ (Tempe, Ariz.) Whether it involves government, politics, business, or just common decency, Tempe is a community that values the truth and civility. As voters decide on Props 301, 302, and 303, honesty is critical.​ However, the political organization calling itself “Tempe 1st” has resorted to calling a respected Latino business leader “Corrupt” with absolutely no justification or evidence to back up the false claim.​ While hyperbole has always been a staple of political discourse, campaigns are still expected to tell the truth. Aside from being dishonest to voters, the false claims spread by Tempe 1st are damaging the reputations of Meruelo and his businesses without justification.​ That’s why attorneys for the group supporting the entertainment district, “Tempe Wins”, along with Bluebird Development, and Alex Meruelo himself, have sent Tempe 1st cease and desist letters.​ The truth is that Alex Meruelo is an American success story. His parents came from Cuba seeking a better life. He worked his way up from humble beginnings and now has a 40-year record of business successes in highly regulated industries through multiple economic cycles in banking, media, real estate, and food services. He is the first Hispanic to have controlling interest in an NHL team, the Arizona Coyotes.​ Yet his plan to pay Tempe $50 million for an old landfill near Tempe Town Lake to build a privately funded entertainment district and sports arena is under attack by a small group of individuals who lack respect for the truth. They want to defeat Props 301, 302, and 303, rather than see Tempe gain the additional jobs and revenue for city social services this project would deliver. The members of the opposition may not need or care about social services, new employment opportunities, or common decency, but many others do. The political process should be above name-calling and focus on the merits of the deal.​ The plan calls for a $2.1 billion dollar investment from the private sector. It has been described as “the best sports arena deal in Arizona history” by Tempe Mayor Corey Woods and was approved unanimously by Mayor Woods and the Tempe City Council because it is privately funded. Yet Tempe 1st continues to defame this project with the slogan, “No Handouts for Corrupt Billionaires.”​ Tempe 1st member Lauren Kuby’s opposition to the project is also hypocritical given her previous vote as a Council Member. In 2021, then Council Member Kuby voted in favor of an agreement between the City of Tempe and the Los Angeles Angels that gave $40.9 million for renovations for Tempe Diablos Stadium.​ Props 301, 302 and 303 will turn a landfill that currently generates zero revenue into a landmark that generates more than $690 million in net benefits for Tempe for critical social services and city needs, $33 million for public safety, $13.1 billion in additional spending in Tempe, and 6,900 permanent jobs. Further, Props 301, 302 and 303 are a historic vote for union jobs and union families. The project includes an unprecedented labor agreement directly in the governing agreement with the City of Tempe that commits the developer to utilize union labor.​ “Tempe Wins wants an honest debate about the facts of this important project because we believe an honest debate will win the day as voters are asked to cast their ballots by May 16th. We also hope that many of the opponents to our proposal don’t embrace the ugly and false tactics employed by Tempe 1st. We simply ask them to play fair and tell the truth,” said Xavier A. Gutierrez, president and CEO of the Arizona Coyotes.​ In addition to boosting Tempe’s economy, Props 301, 302, and 303 would clean up an unsightly and hazardous landfill without impacting city coffers. The project has been endorsed by civil rights organizations, labor leaders, chambers of commerce, former City Council Members and four former Tempe Mayors.​ For more information about Tempe Wins visit www.TempeWins.com.​ ### For more information: Sophie O’Keefe-Zelman 602-380-1809 I Sophie@TempeWins.com

So if I had to gander about this.... Alex Meruelo was fine with the subtle chirping from Tempe 1st until they decided to place these posters out everywhere which is a direct slur against his character and he's decided enough is enough.

If he was that worried about his character, he should pay his bills on time. Suing a grassroots group of small businesses and retirees because they oppose you and basically called you a poopyhead, all while asking for a few hundred million in tax breaks from those same people is not a great look for a NHL owner IMO.

 

[KevFu]

If he was that worried about his character, he should pay his bills on time. Suing a grassroots group of small businesses and retirees because they oppose you and basically called you a poopyhead, all while asking for a few hundred million in tax breaks from those same people is not a great look for a NHL owner IMO.

While your description of the perception is true, In a large number of cases, "grassroots" campaigns are surprisingly well funded with dark money.

Like the infamous video of the Koch Brothers claiming they've never heard of the "tiny" organization of volunteer citizens they were funding with millions of dollars to do their bidding.

 

[TheLegend]

If he was that worried about his character, he should pay his bills on time. Suing a grassroots group of small businesses and retirees because they oppose you and basically called you a poopyhead, all while asking for a few hundred million in tax breaks from those same people is not a great look for a NHL owner IMO.

Doesn't matter.... words can have consequences no matter who you are.

BTW.... he hasn't sued.... yet. He's sending a warning shot that if you make this about him and escalate the slanderous rhetoric without having hard evidence to back it up he's not going to sit back and put up with it.

 

[TheLegend]

Playing the victim card now. Not unexpected.

But the article they use clearly points out (and I had to quote because you didn't) Meruelo was tolerant of the sniping until they made it personal.

 

[Yukon Joe]

So if I had to gander about this.... Alex Meruelo was fine with the subtle chirping from Tempe 1st until they decided to place these posters out everywhere which is a direct slur against his character and he's decided enough is enough.

So speaking as a Canadian watching with interest from afar, but not rooting for either side...

It's kind of rich to see a call for "truth and civility" in talking about American politics.

Someone sent me the content of the AZ Central article. I found this paragraph interesting:

It's unclear if Tempe 1st would be willing or able to fight a
defamation lawsuit. The PAC had raised just under $2,000
from five separate donors by the end of 2022, for example,
and doesn't appear to be backed by billionaires who could
foot the legal bill.
Tempe Wins, on the other hand, raised more than $224,000
by the start of 2023. All of that came from a single donation
by Meruelo's Bluebird Development company, plus the
businessman and Las Vegas casino mogul likely has plenty
more cash to throw at the issue if needed.

So I earlier questioned the legal wisdom in filing a defamation lawsuit, given the vagueness of "corrupt" and the strong First Amendment principles in play. This does have the aroma though of being a SLAPP - a lawsuit designed to just bully Tempe 1st into silence because they don't have enough money to hire lawyers.

We'll see how it all turns out.

While your description of the perception is true, In a large number of cases, "grassroots" campaigns are surprisingly well funded with dark money.

Like the infamous video of the Koch Brothers claiming they've never heard of the "tiny" organization of volunteer citizens they were funding with millions of dollars to do their bidding.

It's called "astroturfing" - forming a "grassroots" organization with a lot of private money and surprisingly little public support.

 

[MeHateHe]

I Always Pay Closer Attention To Things That Are Written In A Stilted Style In Which There Are A Lot Of Words And They Are All Capitalized

 

[Dirty Old Man]

Forgive me for overlooking the farce that was the Covid Cup where all but 7 teams made the "playoffs". Under the standard 16 team format, they wouldn't have qualified.

You of course didn't answer the question. The correct answer was "they lost to the Coyotes". You play the cards you're dealt.

 

[TheLegend]

So speaking as a Canadian watching with interest from afar, but not rooting for either side...

It's kind of rich to see a call for "truth and civility" in talking about American politics.

Someone sent me the content of the AZ Central article. I found this paragraph interesting:

Yeah.... Arizona is one of those places were politics and civility went out the window a long time ago. Tempe 1st is simply carrying on the tradition.

The article is wrong about one detail. "Tempe 1st PAC" doesn't exist anymore. It was a PAC that was active for the 2022 midterms and then disbanded. Their shutdown papers are on file. Another PAC called "Democracy for Tempe" appropriated the name for the website (or maybe took it over because it was there still.) because their disclaimer is at the bottom the the home page.

I haven't seen the latest financial reports from either them or TempeWins yet (they are due soon though) the reported numbers are correct as to the last filings.

So I earlier questioned the legal wisdom in filing a defamation lawsuit, given the vagueness of "corrupt" and the strong First Amendment principles in play. This does have the aroma though of being a SLAPP - a lawsuit designed to just bully Tempe 1st into silence because they don't have enough money to hire lawyers.

We'll see how it all turns out.

First Amendment doesn't always protect you from libel. But you're right that it's vague.

 

[MNNumbers]

Look, if Meruelo wants Tempe First to show his corruption, there are all of the articles written two and three years ago about how slow he has traditionally been in paying his commitments, both in Glendale, and also in his other businesses.

He may not want this to be about him, but he is asking for the money, so it is about him in a sense.

 

[PredsHead]

Doesn't matter.... words can have consequences no matter who you are.

BTW.... he hasn't sued.... yet. He's sending a warning shot that if you make this about him and escalate the slanderous rhetoric without having hard evidence to back it up he's not going to sit back and put up with it

Because they called a billionaire corrupt? Is he really that thin-skinned? If I was a voter on the fence, this would not present Meruelo in a good light at all.

 

[aqib]

Would you say the same thing it it were "prominent Martian business leader"???

Funny how I never looked at it from a heritage point, but it's interesting that people want to single that one thing out over everything else.

I single that out because its clearly a tactic designed to paint the opponents of the project as being racist. Now if there is an opposition piece that makes reference to his race then go ahead and post it and I'll change my mind.