Save The Tarpon legal fund drive prompts PTTS lawyer threat

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A PTTS lawyer is once again threatening to haul Save The Tarpon into court – this time in an apparent effort to cripple the group’s legal defense fundraising efforts.

Save The Tarpon is seeking to raise a minimum of $20,000 to fight a Strategic Lawsuit Against Public Participation (aka, “SLAPP Suit”) filed by Port Charlotte boat dealer Gary Ingman and the owners of the Professional Tarpon Tournament Series.

Ingman and the PTTS filed their retaliatory lawsuit against Save The Tarpon less than a month after Florida’s fish and wildlife regulators banned the notorious “PTTS Jig” from Boca Grande Pass in September of 2013.

Save The Tarpon was also a key player in the Florida Fish and Wildlife Conservation Commission’s earlier decision to adopt rules making tarpon a catch and release species, a move that effectively outlawed the tournament’s televised “gaff and drag.”

Dennis A. Creed III, a partner in the Tampa law firm hired by the Professional Tarpon Tournament Series to silence Save The Tarpon, issued his latest threat in a demand (made pursuant to Florida law) sent Monday afternoon (Jan. 12) to former Assistant State Attorney and Save The Tarpon lead counsel Tauna R. Bogle.

Creed’s email to Save The Tarpon’s legal team came on a day that saw the group raise more than $5,000 in less than 24 hours.

Monday’s email threat is the latest in a long string of attempts by PTTS lawyers to silence Save The Tarpon. Last year, the PTTS lawyers went before a Charlotte County judge to unsuccessfully demand Save The Tarpon stop writing about them and their clients on the group’s website, its Facebook page and elsewhere.

“Prior restraint,” as the PTTS lawyers were seeking, is most commonly used to protect the privacy of young children and victims of sexual violence – not the hurt feelings of TV fishing tournament attorneys and their clients.

In his email, Creed told Save The Tarpon’s counsel “I will be compelled to file a motion with the court regarding the previous orders asking your clients to stop this type of activity.” (There are no “previous orders.” Further, as Creed should know,”orders” don’t “ask.” Orders order.)

“I will file a motion for sanctions in the current case, and I will file a personal defamation case against Save The Tarpon,” Creed’s email went on to threaten. Creed, however, failed to cite specifics, only that Save The Tarpon, its website, its Facebook page and its GoFundMe.com/savethetarpon campaign “are defaming my ethics/business character.”

Creed’s latest demand follows the script the tournament’s lawyers have followed throughout the ongoing PTTS Strategic Lawsuit Against Public Participation designed to silence Save The Tarpon.

In response to Creed’s email, Bogle told the PTTS lawyer that nothing written by Save The Tarpon in connection with its fundraising initiative mentioned or identified Creed by name. “But please tell me if I missed anything.”

Bogle also noted that comments associated with the Save The Tarpon campaign “look like fundraising attempts and comment/opinion of persons involved in a lawsuit.” The former prosecutor also invited Creed to “feel free to educate me” on why he believes long-established First Amendment free speech protections don’t apply to Save The Tarpon and its supporters.

Tom McLaughlin, chairman of Save The Tarpon and one of the defendants named in the PTTS SLAPP Suit, Creed’s attempt to short-circuit the group’s ability to raise money won’t slow the group’s efforts. “The PTTS is clearly rattled by the outpouring of concern and support they’ve been witnessing in recent days,” he said.

“The community is responding in a way Gary Ingman, Joe Mercurio and the PTTS never saw coming. The people of Charlotte County, the people of Southwest Florida and our supporters everywhere are telling Ingman and his lawyers they won’t be intimidated, they won’t be silenced, they won’t be SLAPPed around and they won’t back down.”

The nearly two-year-old case, one the PTTS has dragged through two counties and three judges in an attempt to spend Save The Tarpon into silence, is expected to go before a Charlotte County jury within the next few months.

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