PTTS breaks its silence on its lawsuit fail … and you won’t believe what they’re saying now

PTTSTV.com Welcome Message

Above: The PTTS statement as posted to the tournament’s website Friday, Nov. 20. We pre-screened it for Tallahassee ‘dating’ site links.

The following was posted to the Professional Tarpon Tournament Series website shortly before noon, Friday (Nov. 20, 2015), four days after tournament owner Silver King Entertainment LLC abruptly walked away from its lawsuit filed nearly three years ago against Save the Tarpon, its more than 28,000 members, its directors, its former directors and a number of names apparently drawn at random from the phone book. The PTTS decision to take a hike comes on the heels of a number of pre-trial setbacks, combined with an attempt by the tournament’s own lawyer to get out while the getting was still good,  and less than 24 hours before the case was set to go before a jury in Charlotte County Circuit Court. Feel free to pop some popcorn, crawl into a comfy chair and read all about it here.

Trust MeAfter nearly a week of silence spent dodging media calls seeking comment, the PTTS has now spoken. Although the following slice of twisted whimsy isn’t signed, it’s littered with You-Know-Who’s “controlled chaos,” sweet as honey fingerprints. And because it’s understandable that a wannabe would-be, make-believe barracks lawyer can become easily disoriented and confused by the most simple legal stuff, our comments, clarifications and corrections have been helpfully highlighted in big bold type, with replies from the three (former) remaining individual defendants (who had been patiently holding back for nearly three years and have never pretended to be lawyers) in ital.

The PTTS website post is cleverly headlined “Welcome.” That’s pretty much where the reality part ends and the fantasy stuff begins. The text follows:

This last Monday, November 16, 2015, Silver King Entertainment, LLC, locally known as the Professional Tarpon Tournament Series (PTTS) dropped two counts of its complaint against the Save the Tarpon organization and some of its individual directors.

Individual defendant (and Save the Tarpon board member) Mark Futch: That’s because there were only two counts left – out of how many? And those last two were about to get kicked to the curb. Did they forget the judge had gutted most of their case less than a week earlier? And that their own lawyer had attempted to bail on them? 

This decision was due to many considerations, but first and foremost let us be clear the case is not over, as the PTTS is appealing the Courts decision to grant a summary judgment on the PTTS defamation claim against the Save the Tarpon organization and its directors.

Individual defendant (and Save the Tarpon chairman Tom McLaughlin: Yeah, right. Good luck with that. So where’s your appeal? Oh, yeah. You don’t have a lawyer anymore. No problem. Joe (PTTS television host Joe Mercurio) can probably handle it. After all, he’s got three years of college. 

Futch: Don’t forget his Daddy … he’s a judge. When he’s not trolling Sarasota kwikie marts, that is.

The Court without record evidence …

McLaughlin again: Record evidence? Is there any other kind of evidence nobody knows about? Like maybe double secret, off the record evidence?

… ruled that Save the Tarpon and its directors were media defendants because their statements had been published in news outlets

Individual defendant (and Save the Tarpon board member Frank Davis: She did? No she didn’t! We never argued anything like that. She granted the motion because she found we WERE a news outlet by every definition of the term. That we WERE media defendants in the eyes of Florida’s courts. And that Gary Ingman, Mercurio and their little Silver King tee-vee thing didn’t follow the law. Right? (Yes, Frank. That’s exactly what Judge Lisa Porter determined.) 

We believe decision was clearly erroneous …

Futch: So file your (bleeping) appeal already!

… as Save the Tarpon and its directors are competing fishermen, who are not neutral media members …

McLaughlin: Neutral media members? You mean like Fox News? Like MSNBC? Like the Huffington Post? Where in the statute, the one you couldn’t be bothered to obey, do the words “neutral media members” reside?  Competing fishermen? When’s the last time a wrap boat has been spotted 50 miles offshore? Because that’s where I do the bulk of my fishing. 

… and who have a vested interest in damaging the PTTS, along with its sponsors and participants.

Futch: What? Your sponsors and participants have a “vested interest” in damaging the PTTS? You should get a lawyer and sue ’em! Anyhow, why would we have the slightest interest in damaging the PTTS, when Mercurio and Ingman were doing a perfectly good job of damaging the PTTS without any help whatsoever from us?

Further, the Court did not rule that Save the Tarpons statements were not defamatory, but only that Save the Tarpon and its directors should have been given the chance to retract the alleged defamatory statements prior to filing a lawsuit.

Davis: Wait! Didn’t Mercurio just say it was because we were quoted somewhere in some newspaper? Are you guys messin’ with me again? (No, Frank. That’s what he said. Yeah, he did. Really.)

On the morning of November 16, 2015, the Court heard two different Strategic Lawsuit against Public Participation (SLAPP) motions filed by Save the Tarpon attempting to show the PTTS lawsuit had no merit, and the Court denied both motions.

McLaughlin: Uh … no. Judge Porter actually set aside SLAPP for procedural reasons. We just wanted to get it on the record. For later on. When the real fun begins. She never addressed the merits. Was Mercurio at the same hearing we were at? Oh, wait. Never mind. He never showed his face in court. Ever. My apologies, Joe.Pretend Lawyer

Silver King Entertainment intends to pursue prevailing party attorneys fees for both successfully defended SLAPP motions.

Futch: (Unintelligible through the laughter.)

McLaughlin: How in the hell are they gonna do that? They voluntarily dismissed their own case?

Davis: You guys are messin’ with me again, right?

After this hearing, the PTTS decided that it did not want to put its sponsors and participants through a trial on two counts that would have required testimony from its sponsors and participants, when the main defamation claims dismissal was being appealed.

Futch: What sponsors? What participants? They still got sponsors? They still got participants? 

The PTTS did not want to subject its sponsors and participants to any more inconvenience due to actions by Save the Tarpon and its leadership.

McLaughlin: Inconvenience? You frivolously sue someone in the wrong courthouse, in the wrong county, for half a million dollars in losses you couldn’t begin to prove, you go through three judges, you attempt every delay imaginable simply to run up the cost, you hire a lawyer who skips out on scheduled hearings without notice – and then quits at the 11th hour – and you’re suddenly worried about inconvenience?

Futch: The judge said it was the 12th hour.

The case is not over, and the PTTS feels strongly in its defamation claim winning on appeal.

Davis: Okay, now I know you guys are messin’ with me.

The PTTS may reconsider going forward, if after discussions with its participants and sponsors, it is decided it is better to take away the Save the Tarpons leaderships vehicle to enrich themselves at the continued detriment to civil discourse.

Davis: In other words, the PTTS and Ingman know they’re going to have to pay through the nose. And that they’ll likely take a few others down with them. Aren’t the rats always the first off a sinking ship? Unless you guys are messin’ with me again.

McLaughlin: “Reconsider going forward?” Good grief. Is quitting all they know? 

Davis: “Take away the Save the Tarpon’s leadership’s vehicle?” Well, I guess if they need it that bad, I reckon they can have the old pickup out back behind the shed. Gonna need tires, though.  

The PTTS has always taken the high road throughout the trial and has exhibited the utmost professionalism towards Save the Tarpon and its members. The PTTS will continue to conduct itself ethically, professionally and will stand up for the rights of all fishermen.

McLaughlin: Really? The high road? The only road the PTTS knows is I-75. 

Futch: Don’t forget the Skyway Bridge … 

McLaughlin: Okay, that too. But that $1.25 toll is kinda pricey. 

Davis: You guys gotta be messin’ with me. 

Are You Serious?

Save The Tarpon legal fund drive prompts PTTS lawyer threat

Frivil

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.

Judge slaps PTTS owners with sanctions, legal fees over ‘baseless’ lawsuit claims

Mr. Lew Hastings & Capt. Tom McLaughlin

Lew Hastings, Executive Director of the Boca Grande Chamber of Commerce (left), and Capt. Tom McLaughlin, Chairman of Save the Tarpon (right) at the 2013 Save the Tarpon Shindig on March 3. It is this photo which led the PTTS to name Lew Hastings personally in the suit against Save the Tarpon.

This article was originally published in the Boca Beacon on January 29, 2014.

The owners of the Professional Tarpon Tournament Series and their Tampa attorney will be paying the legal bills of three Save The Tarpon Inc. directors after a Charlotte County Circuit Court judge slapped them with sanctions on Tuesday, Jan. 28 under a rarely-invoked state statute aimed at curbing so-called frivolous litigation.

Judge Joseph G. Foster ruled that Silver King Entertainment Inc., which owns and operates the PTTS, and their lawyer Dennis A. Creed of the Tampa firm Feldman Morgado must pay legal fees incurred by Save The Tarpon directors Chris Frohlich, Lew Hastings and Tommy Locke III.

The three were initially named in a lawsuit filed against the Boca Grande-based conservation group last year in which the tournament claimed Save the Tarpon had cost the PTTS more than $500,000 in sponsorship and other revenues. Frohlich, Hastings and Locke were subsequently dropped from the suit.

Read the rest of the story…

Save The Tarpon seeks to block ‘hoax’ PTTS bid to force forum to turn over names

Internet Forum TrollSave The Tarpon Inc. took action, Monday, Nov. 18, 2013, aimed at blocking attempts by Gary Ingman and the company that owns the Professional Tarpon Tournament Series that, if the PTTS gets its way, would  force the popular Florida Sportsman online forum to reveal the identities of its members.

In a two-page motion filed Monday with the Charlotte County Circuit Court clerk’s office, attorneys for the Southwest Florida-based conservation group argued that the subpoena sought by Ingman and the PTTS “is not reasonably calculated to lead to the discovery of admissible evidence” and that the forum’s more than 18,000 members “have an expectation of privacy and confidentiality.”

The motion is the latest exchange in the protracted legal battle Ingman and his company, Silver King Entertainment Inc., have been waging in the courts as part of an ongoing PTTS strategy to silence Save The Tarpon, its more than 22,000 supporters and those who have spoken out against the PTTS and its methods. Ingman claims the group’s efforts have cost his controversial Boca Grande Pass TV tarpon tournament more than $500,000 in sponsorship and other revenues since Save The Tarpon’s formation in May, 2012.

Save the Tarpon Objection

Click to read full documents.

In its written objection, Save The Tarpon’s attorneys formally entered a copy of Silver King’s contemplated Florida Sportsman Forum subpoena into the public court record as an exhibit in support of its motion.

Silver King’s lawyer, Tampa attorney Dennis A. Creed III, had omitted the actual subpoena on Monday, Nov. 12 when his “Notice of Non-Party Production,” a reference to the Florida Sportsman Forum, was initially filed.

PTTS supporters among the forum’s ranks have claimed a copy of the subpoena posted last week to Save The Tarpon’s website wasn’t real, that it was a hoax contrived by the group as a ruse to further sway opinion against the tournament.

As word of the PTTS attempt to ferret out the identities of Florida Sportsman Forum members began to circulate online last week, reaction from forum members ranged from approval of the PTTS move to harsh opposition and even claims Save The Tarpon had somehow invented or fabricated the court records the group published to its website.

Forum regular Gary S. Colecchio was among the deniers, repeatedly urging his fellow Florida Sportsman members to “never believe anything posted on STT,” as he argued that the subpoena was a Save The Tarpon ploy designed to “cause outrage at PTTS among forum members” while continuing to insist “again, you simply cannot believe anything posted on that site and forum.”

When a forum member, in a reference to Colecchio’s earlier hoax claims, asked “are you saying that the subpoena for the forum information is a fake made by STT?” Colecchio, who has tallied nearly 9,500 forum posts since June of 2011, did not respond.

The subpoena sought by PTTS lawyer Creed targets Wick Enterprises Inc. as the supposed owner of the fishing forum. While Blair Wickstrom, publisher of Florida Sportsman Magazine, is also vice-president of Wick Enterprises Inc., the Stuart, Fla. company does not own the publication or its related online forum.
Colecchio, in yet another post to the forum, noted the PTTS lawyer’s apparent error, then cryptically hinted that despite its attested filing with the courts, “the PTTS knows that the Wickstoms (sic) don’t own Florida Sportsman.”