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.”

The day the man with nothing to say had nothing to say

Gary Colecchio - Southwest Regional Director of the Florida Guides Association

The Florida Sportsman Forum is usually friendly turf for Gary S. Colecchio, the man with 4,900 posts since June of last year. But it wasn’t so friendly on Sunday, Dec. 16.

It’s not often that PTTS apologist-in-chief Gary S. Colecchio, the fishing forum’s queen bee and the tallest midget in the wrap boat circus, is at a loss for words. But on Sunday, Dec. 16, history of sorts was made. Colecchio, who seldom has anything to say even when he says it, apparently realized he really doesn’t have anything to say.

Not in response to the spanking administered by a poster who goes by the screen name “White Bacon.” And certainly not in response to the interesting account of a fishing trip gone wrong written by RJ Kirker, who coincidentally goes by the screen name of “RJ Kirker.”

The posts have been formatted for our site. They appear here in their entirety. If and when Colecchio is told what to post in reply, we’ll update. If it’s anything worth updating, that is. 

Get out the popcorn and enjoy:

AUTHOR: White Bacon

After having read all the debate, once again there are only a few reasonable conclusions to make regarding the now infamous gutted tarpon, first captured by the PTTS.

The gutted tarpon in question was proven to have been caught and released by a PTTS participant during a PTTS tournament. It was observed dead the next day, apparently gutted to prevent it from floating. The PTTS vehemently denies the gutting, and Gary C doesn’t buy any reasonable explanation without “supreme court level proof.” Glad to see nothing has changed with Gary or the PTTS.

Assuming that the PTTS’ claims are true, one must conclude that the previously hooked, gaffed, dragged, and weighed tarpon survived the initial PTTS trauma. Then you must make a galactic leap and believe this battered tarpon was caught again within hours of release by thePTTS and correctly identified by the second angler to be one of the weighed fish from the PTTS held the previous day. Then…..the sinister second angler guts the tarpon in an effort to further impugn the PTTS record of “catch-and-release”success.

It’s beyond laughable to believe that such a scenario is even plausible. I can’t imagine anyone with at least a third grade education would consider such an outlandish tale. Mercurio strongly denies any PTTS involvement related to the tarpon gutting. Gary C demands proof!

Colecchio and Mercurio remind us of Johnny Cochran and OJ Simpson. At least the tale spun by Cochran and Simpson while laughable, was conceivable.

I think we can all agree Colecchio and Mercurio are intelligent people. For them to make such outlandish statements only solidifies the intentional intellectual dishonesty they continually spew in their defense of the shameless pursuit of profits, and the total disregard for fellow anglers and the tarpon fishery the PTTS routinely exploits.

Mercurio and Colecchio have cemented themselves in the ‘Zero Credibility’ Hall of Fame.

AUTHOR: RJ KIRKER
(RJ is writing in response to an earlier post where Gary S. Colecchio claimed Save The Tarpon was “picking” on him because Save The Tarpon feared him. In fact, RJ figured it out. Read on …)

Mr. Colecchio, I’m guessing Save The Tarpon isn’t showering you with all this attention because you’re feared by them. I think they’re doing it because they want to make you the public face of the PTTS. If so, every word you write plays into their strategy. As someone who supports the efforts of Save The Tarpon and the FWC to protect and grow our local fishery, I encourage you to keep right on posting.

Yes, Mr. Colecchio, this is my first post. I figured you would point this out based on your habit of attacking the messenger and ignoring the message. But my husband and I, both avid anglers who retired to the area a few years ago, have been following this issue very closely for reasons that are very personal. This is apparent by my “join” date. Like you, we commend the PTTS for its promise to stop gaffing and weighing these fish. It’s a good start. Promises can be broken, however. By creating a sport fish designation and ending possession, the FWC is doing the right thing by making the PTTS promise official.

We joined Save The Tarpon for the very reason you’ve been advocating throughout this thread. Public access. You say you don’t fish the Pass, so you really don’t know what is happening there in May and June. We can no longer fish when the PTTS holds its tournaments. It’s a small sacrifice, but considering your view on this issue it’s one no angler should be forced to make. I read where the PTTS describes the situation during its tournaments as “chaos.” That’s an understatement.

We made the mistake of hooking up while leisurely drifting a hundred yards or so from where a pod of PTTS boats was circling and swarming. They obviously noticed. Within 30 seconds we were surrounded. Our line was run over and cut, and someone on a loud speaker was demanding we get out of “their” way. A boat with “law enforcement” on its side was standing off and witnessed what was happening to us. The officer on board looked the other way and did nothing.

We eventually escaped, but the lesson was learned. It was unlike anything we had ever experienced in all our years on the water. I honestly feared my husband was going to have a heart attack unless I beat him to it. This was supposed to be a leisurely morning of fishing.

I later went online and emailed the tournament to describe what had happened. I received a terse unsigned reply telling me the PTTS was “licensed” by the state to conduct these tournaments and that recreational anglers and their boats were obligated to yield or risk prosecution. Yet you have the gall to suggest Save The Tarpon is out to exclude others? Mr. Colecchio, you need a reality check.

Save The Tarpon got two new members as a result of what happened to us that day. We also learned we weren’t alone, that many others just like us were turning to the group for help. As it’s obvious the PTTS will only change its ways unless its back is to the wall, this appears to be the only solution. No group is perfect, but these people are the best hope we have at the moment.

So help them out and please keep posting.

NON-RESPONSE: Gary S. Colecchio

“Captain.”

AUTHOR: White Bacon

Captain Gary,

Man, so glad you couldn’t resist. Tell us again, based on the allegations cited in this thread, how the tarpon gutting can be logically explained? Option one: The PTTS did it. Option two: The STT sympathizers did it (although implausible).

Please, please give your superior explanation, so us dumb hicks can understand. Thanks.

NON-RESPONSE: Gary S. Colecchio

“Must be a boring day in Matlache.”

AUTHOR: White Bacon

Or Boca Grande. So I’m assuming you have no credible explanation? Didn’t Joe send you the talking points? I think you’re slipping. Say it ain’t so……..

NON-RESPONSE: Gary S. Colecchio

(There was no response.)

AUTHOR: White Bacon

Captain Gary,

I really have missed the forums, and the verbal combat with you. Some of us in the real world rely on anecdotal and circumstantial evidence, absent applicable physical evidence or scientific evidence, which you often cite and rely on.

I don’t need a study to confirm the government spends too much, that there are currently 150 snook under my dock, or that you continually promulgate irrelevant arguments, always relying on your superior intellect and writing skills to deflect from the real issues.

It’s not surprising at all that you cower when challenged. Make sure you and Joe get your stories straight, I’d hate to impeach your credibility further.

Colecchio learns he is not the master of his own domain when he makes it personal

Gary S. Colecchio has spent more than a decade injecting himself and his wisdom into the very public Boca Grande Pass tarpon debate. With the emergence of Save The Tarpon Inc., the Bonita Springs resident has gone into overdrive.

Colecchio is the Southwest Regional Director of the Florida Guides Association. From August 9, 2011 to May 11, 2012 he was Director of the Florida Department of Environmental Protection’s Southwest District Office. He was among five Floridians nominated to serve on the Gulf of Mexico Fishery Management Council. His bid was opposed by the Boca Grande Fishing Guides Association Inc., among others. He failed to win appointment. He is a member of the Coastal Conservation Association and the National Association of Charterboat Operators. He clearly gets around.

On June 20 of this year at 3:47 p.m., “senior member” Colecchio got around to logging in on the familiar ground of the Florida Sportsman Southwest General Fishing & The Outdoors Forum where he asked “Who’s really behind the Save the Tarpon campaign?” The topic he started ultimately drew 6,277 views. Quite an accomplishment. He even said so himself.

“Is it the son of a Boca Grande insurance agency owner?” he wrote. “Is it the husband of a New York artist recently moved to the area from Colorado who suddenly recanted his evil fishhandling ways and started an Occupy Boca Grande Facebook movement as his salvation?”

Colecchio had taken a legitimate public policy debate and decided to make it personal at the expense of two young parents who, along with nearly 2,000 others, decided what the PTTS was doing in Boca Grande Pass was very, very wrong. It’s an old political trick. When you realize you’re circling the drain, go negative. Get nasty. Make it personal. Colecchio had no idea how creatively personal it was about to get.

Gary Colecchio - Southwest Regional Director of the Florida Guides Association

Above: Gary Colecchio, Southwest Regional Director of the Florida Guides Association

Rather than engage in a flame war with a total stranger on some obscure Internet fish forum, the “New York artist” did something Colecchio never saw coming. She bought him. Or, more precisely, she bought “garycolecchio.com.” Mr. Colecchio wasn’t amused when he discovered he had been “owned.” That he was no longer the master of his own domain. Literally. But he pretty much kept it to himself. Didn’t say a word to his forum buddies. And honestly, who can blame the guy?

Although the “New York artist” (Colecchio would later go on to describe her as a “hippy”) now owned a Colecchio dot com, she didn’t do much with it. Not much you can really do with a “garycolecchio.com.” A page eventually appeared in place of an empty URL. It was a tribute of sorts. A collection of Mr. C.’s forum posts. One of those “in his own words” compilations. Just his words. Nothing else needed. Res Ipsa Loquitur.

The page was never promoted. No “Search Engine Optimization” or any of that stuff. Yet, back on the Florida Sportsman forum, the one where Colecchio is a “senior member,” somebody managed to find it. And they talked about it. Again, Mr. Colecchio was not amused. “Cyber-terrorism!” came the charge. Not a very nice way to describe Colecchio’s own words, words that had already been broadcast by Colecchio himself to tens of thousands of Internet eyeballs.

Ultimately, the page became boring. There were no photos of cute kittens and puppies. No viral YouTube videos of people doing stupid stuff. Just Colecchio. It was getting hits thanks to all the buzz it was receiving from Colecchio and his pals over at the fish forum. But it was still just Colecchio. It was ultimately replaced by a blank page. It received even more hits. Still, there was little hope “garycolecchio.com” was in any danger of becoming the next Facebook. And that was never the idea. The idea was to do absolutely nothing with the name, the URL and the the fish forum legend.

Then came The Letter. Otherwise known as the “Nasty Lawyer Letter.” Not that the lawyer is nasty. Probably a nice guy. Most lawyers are. That’s why so many of them are friends of Save The Tarpon. And most of our lawyer friends are nice. Most of them.

The “nasty” refers to the letter. And, as nasty lawyer letters go, this one was almost downright pleasant. A little loosie goosie with the law and the facts, but that’s how these things tend to go. No big deal.

The bottom line was that Colecchio, according to James L. O’Leary III, Esq. (the “Esq.” is even in his email address) really, really wants to be master of his own domain. He’s apparently grown tired of checking it every 15 minutes waiting for some public sort of record thing to be published directly under his URL. The “New York artist” married to the guy who “suddenly recanted his evil fishhandling ways and started an Occupy Boca Grande Facebook movement as his salvation” never gave it a thought.

Colecchio’s new-found desire to be master of his own domain is based on the Anti-Cybersquatting Consumer Protection Act. Known as the ACPA, it targets “nefarious cybersquatters” defined by the courts as those who:

(1) “register well-known brand names as Internet domain names in order to extract payment from the rightful owners of the marks;” This hasn’t happened.

(2) “register well-known marks as domain names and warehouse those marks with the hope of selling them to the highest bidder;” This hasn’t happened.

(3) “register well-known marks to prey on consumer confusion by misusing the domain name to divert customers from the mark owner’s site to the cybersquatter’s own site;” This can’t happen.

(4) “target distinctive marks to defraud consumers, including to engage in counterfeiting activities.” This hasn’t happened.

Further, the courts have ruled that “the ACPA’s congressional record consistently signals the drafters’ intention to target a narrow class of cyber-squatters consisting of those who have the bad faith intent to profit, and not to tread on the rights of those with any other motives.”

In this instance, “other motives” can be found in those words Colecchio wrote on June 20 of this year at 3:47 p.m. for the entertainment of 6,277 sets of eyeballs.

Case dismissed. But let’s look at this for a moment. Kicks and giggles and all that. “The domain,” Colecchio’s Personal Injury Lawyer Esq. states, “appears as if Mr. Colecchio has some involvement in its ownership and construction.” Ownership of a domain, of course, is easily determined. Colecchio’s involvement was limited to providing content: His own words, as posted and posted and posted across the World Wide Web.

It’s interesting that Colecchio’s personal injury lawyer would characterize a compilation of Colecchio’s writings as “an attempt to create a condition of intimidation and fear.” He is being unfair to his client. Nothing about Colecchio’s writings are intimidating. Fear? Really?

“Mr. Colecchio is not a celebrity, public figure or entitity and has no official authority.” Most people would agree. But Colecchio isn’t most people. Just ask him. He has notoriously and repeatedly injected himself into the arena of public debate on all things Boca Grande, aggressively seeking the limelight for himself and his inflamatory rhetoric.

Consider, Colecchio has, since June, 2011, amassed an incredible 2,008 posts on just one Internet fishing forum. This works out to an average of 154.46 posts per month, 35.86 per week and an astonishing 5.12 per day. Including weekends. For most of this time he was actually holding down a full-time job. And Colecchio doesn’t, of course, limit himself to just one Internet forum in his efforts to avoid the public limelight. Or just one state. He’s all over the map. Where there’s a “submit” button, there’s likely to be a Colecchio.

Since June, Colecchio has started or starred in 11 separate threads on just one Internet forum concerning the current Boca Grande tarpon controversy. These threads have been viewed a total of 19,546 times over a period of just five weeks. Further, the shy Mr. Colecchio has twice gone online to boast of the number of readers he has attracted in what can only be reasonably interpreted as an attempt to promote himself.

The definition of public figure is “one who has voluntarily thrust himself into the limelight.” Next to that definition it’s likely you’ll find a photo of the personal injury lawyer’s client.

Regardless, Colecchio’s Personal Injury Attorney Esq. wants the site taken down. Already happened. It was boring, remember? Colecchio’s Personal Injury Attorney Esq. doesn’t want anyone to purchase another garycolecchio.com. There’s more than one? Good grief! And he seems to suggest Colecchio would, indeed, like to become the sole master of his own domain.

Fine. Here’s what Personal Injury Attorney Esq. needs to tell his client to do:

1. Remit a personal check, signed by Gary S. Colecchio and made payable to Save The Tarpon Inc. in the amount of $5.13. This amount is the original purchase price of the domain, plus tax. There is no profit of any sort realized. Mr. Colecchio’s check shall be recorded as a donation to Save The Tarpon Inc. and reported as such.

2. Issue a written apology to the young mother Mr. Colecchio offended as well as the nearly 2,000 members of Save The Tarpon Inc. This apology will be posted on SaveTheTarpon.com. Mr. Colecchio shall also post his apology as a new thread on the Florida Sportsman Southwest General Fishing & The Outdoors Forum.

3. Once Mr. Colecchio’s apology thread on the Florida Sportsman Southwest General Fishing & The Outdoors Forum reaches 6,277 views, the domain name will be promptly transferred to Mr. Colecchio who shall assume any and all transfer fees. Until said time, it shall remain dormant. And finally,

4. Be nice.

 

Letter from Gary Colecchio's attorneyPage 2 of the Letter from Gary Colecchio's attorney.