No Kill's campaign of lies, hate and deception

As Nathan Winograd prepares to kick off his "No Kill is Love" tour later this summer its time for then rescue advocacy community to open its eyes to many of Nathan's "partners" who are deeply involved in a campaign aimed at attacking anyone who dares question the authenticity of a movement rift with fraud and animal suffering.

This blog has become to focal point for an attack lead by No Kill Nation's leader Debi Day that people who seriously love animals must open their eyes too.  Included in this organized attack are the creation of several fake twitter accounts which were used last summer to threaten, slander and defame this writer into silence by targeting the senior hounds living in my Georgia "no kill sanctuary" to force this silence.

One of those fake twitter accounts was a person who went by the name "The Idiot Whisperer". 
It is my assumption based on other claims from No Kill Nation's leader that she was willing to "pay for information" on her "haters" that person is what is referred to in cyberspace as a cyber thug that carries out an attack leaving the person who organized the attack with "clean hands". 

This picture was hijacked off my Facebook page.  This tweet was posted in the late hours of June 13th 2013.  There is nothing humorous about making jokes about dogs who have been rescued from kill shelters.  Obviously this person is an idiot or he would have thought far enough ahead to be able to explain how these "corpses" he is accusing me of killing came "back alive".  What does this have to do with "no kill"?

This is a second picture of alleged "corpses" caused by hoarding posted about an hour later on twitter as well.  As you will see this attack crosses way over a line of common decency and boundaries that are acceptable in any advocacy movement.  This is slander, this is pure hate and its pure character assassination - with everything leading to the board room of an organization known as No Kill Nation.

Some of the comments including in the "conversation" are equally disgusting.  These tweets were set up with this tweet coming from Debi Day's twitter account @seeside with this tweet.

I'm not sure what No Kill Nation's leader finds disgusting in a picture that includes an eighteen year old senior Belle who was rescued eight years ago from a local kill shelter, a ten year old beagle dumped in our driveway or our American bull dog but most animal lovers would never make such comments about someone else's dogs.  What is telling is the copy list @seeside used to "share" this tweet. 

This is part of No Kill Nation's "team" assigned to post highly insulting and defamatory statements directed at me.  How this type of organized attack fits into the "No Kill Equation" is anyone's guess.
No Kill Nation's attack team includes Marilyn Reese @plantfhreak , Teri Fulks (Dyer) @TKFulks , Camille Loge (@Clo1117 and a new addition who goes by the name of Idiot Whisperer.
So what positive information do these cyber thugs have to offer that might lead a community towards "no kill"?  You be the judge.

Since he started out posting pictures of dogs he claimed were dead this was a natural follow up tweet.  No Kill Nation has stepped over a line now accusing me of killing fifteen of the old hounds (many of whom were personal dogs) living in our sanctuary.  The truth tells a far different story with ALL of these passing's being old age issues.

So, what expertise does the Idiot Whisperer bring to the no kill discussion that would enable him to make these less than intelligent claims?  Again in his own words.

Admittedly, like No Kill Nation, this guy is clueless on rescue but he is an expert on the politics.  Is he a paid cyber thug?  It certainly has the appearance of being a paid contract cyber hit.

What direction will this attack take - armed only with ignorance the Idiot Whisperer starts down a path of filing false neglect and abuse allegations with any agency that would listen.

Note a new addition to the team - none other than Maria Venuto aka Lucy Van Pelt.  Complaints were fled with GA Dept of Agriculture and our local shelter Gwinnett Animal Control.

No Kill Nation's leader Debi Day brought in the Idiot Whisperer for a reason - this is where her efforts to have my hounds seized and the no kill sanctuary that had saved hundreds of hounds over the last dozen years CLOSED DOWN.  Problem is - I am NOT a rescue group therefore I am not required to be licensed by the Department of Agriculture.

On June 22nd 2013 No Kill Nation's leader is clearly aware and responsible for false allegations being filed with the Georgia department of Agriculture hoping to close down our senior sanctuary for hounds and send those dogs to the nearest kill shelter.

I run a privately funded sanctuary for senior hounds that are all "owned" personally.  I am only required to comply with Gwinnett County animal ordinances with which I have a flawless record on care and compliance issues.  If No Kill Nation's leader Debi Day had a clue what the laws were she would have realized her ignorance.  The real unanswered question is WHERE in No Kill Nation's mission statement does it call for the leadership to bring in outside thugs to distort and lie about conditions in a sanctuary resulting in placing many of those dogs in grave danger.

Who does that anyway?  So what were the allegations being levied by a person who admittedly knows nothing about rescue?  It should disgust you to know.



It is disgusting to think that No Kill Nation would even stoop so low to enter into such an ignorant discussion about senior dogs who have closed out there lives at our sanctuary, especially in lieu of all the seniors that No Kill Nation allows to die in south Florida shelters all the time. 

No Kill Nation admittedly DOESN'T do rescue - I do.  Even more insulting is the fact that several of those fifteen dogs misrepresented by this tweet were personal dogs who had died of OLD AGE issues. 

For an advocacy group to make such ignorant comments with participation and direction coming from its totally clueless President speaks VOLUMES as to why Debi Day is not qualified to lead an A.A. meeting let alone a fraudulent advocacy group with a mission statement beholden to irresponsible breeders.

Yet, the comments get worse - this gets personal and it gets disgusting.

As of last June while No Kill Nation could not clearly show any programs that might save lives or help communities reform their shelters what they did have in place was a number of Debi Day's followers who were part of a team assigned to stalk every word I posted on Facebook. 

In this mischaracterization a foster beagle named Juju developed a prolapsed rectum which required surgery to repair.  I leave the rest to your imagination.  Ask yourself where THOSE comments fit into any discussion on "no kill"?  You will also see how ALL of these comments were directed towards my twitter account. 

Yet, when I answered some of these nonsensical tweets with return responses Debi Day's attorney filed a motion claiming I was in violation of a "no contact" order the court granted without allowing me to participate in that hearing.  That is NOT due process - its a kangaroo court.

I won't even respond to this ignorance.  Hundreds of beagles and bassets who have used our sanctuary as a safe haven would think differently.  Obviously No Kill Nation and the "no kill" movement it claims to represent places very little value in rescuing seniors in even participating in this type of ignorant and ill informed discussion.

Death camps are "sanctuaries like Spindletop Refuge or Caboodle Ranch - where dogs and cats clearly died from abusive conditions.  Strange that No Kill Nation's leader Debi Day would defend both of those sanctuaries while trying to close down a sanctuary with a flawless history of providing much needed services for special needs senior hounds.

Not satisfied with an ignorant attack directed at our hounds the discussion gets way too personal.

Expecting a sixty year old man suffering from severe crohn's disease that has left him walking with crutches at the time to replace an old carpet shows a lack of understanding and compassion for the disabled.  We'll ignore the fact that Debi Day has NEVER complained about the fact that many of the Spindletop Refuge pit bulls she defends lived in small cages for months eating and sleeping in their own waste and drinking their own urine to survive.  Many didn't survive. 

Where is the outrage over THOSE conditions?  In future blogs we will discuss No Kill nation's investment in a boarding kennel called the Dog House in Pompano with a history of squalor like conditions where Debi can dump dogs "saved" from local kill shelters. 

Now that's mature. 



Making jokes about a person's health issues is extremely classless and in pour taste.  Wishing someone to die is beyond classless.  As you will see Debi Day "retweeted" that info therefore taking ownership as well.

A conversation with an eight year old - how classic.

Yet, another "eight year old" thanks the Idiot for his support?  Note how even though she clearly sets all this up and participates through twitter comments of her own Debi still tries to play the victim.  Debi thinks every one is as stupid as she is and can't see though her childish games.

No Kill Nation's leader Debi Day didn't simply use one cyber thug to harass, slander and attack both me personally and the no kill sanctuary that I manage but as evidence will show used several "team players" to commit these egregious acts.  All of the players in this facade worked from the same play book - repeating the same lies and dishonest dialect as part of a larger scheme committing "character assassination".

Those who participated in this attack which started as far back as the fall of 2012 include the infamous Maria Venuto (who masquerades as the comic book creature "Lucy Van Pelt"), Camille Loge (who runs a Facebook rescue page called Camille's Rescue), Marilyn Reese (a Winograd groupie who lives in California), Teri Dyer (founder of a Facebook group called No Kill Brevard and No Kill Nation's board member Kathy Santomero.

Also involved in an  ongoing attack are several members of an ANONYMOUS hacker group which NKN's President routinely incited using false allegations as well.  All of this can be proven, has been shared with the U.S. Attorney's office in Atlanta and now will be shared on this blog.

Is this what the No Kill MOVEMENT has morphed into?   It should be absolutely disgusting to ANY dog lover that a group whose mission statement is to save lives instead focuses its assets gained through YOUR donations and its efforts attacking anyone who dares question or oppose that vision.

Is THIS really the intelligent conversation needed to reform our nation's sheltering system or would you call this type of behavior "childish behavior unbecoming of anyone claiming a leadership role in a movement that she is clearly not qualified to handle and in fact has no prior experience on her resume to suggest any previous success in those advocacy efforts.

No Kill Nation's Debi Day is a bored socialite with enough money that she THINKS she can BUY this fame, power and glory - it simply does NOT work that way in real life.

How does Debi Day's involvement work towards her goal of destroying my reputation and legacy in the rescue community?  What Debi does is employ cyber thugs to post false information which she simply "re tweets" to her 1,000 or so followers on twitter as if this information SHE PLANTS is indeed fact.  Amongst the slanderous rumors she has participated in spreading are that I am a hoarder, convicted felon, drug dealer, violent towards woman, kill my dogs through neglect and that "I" am the mentally insane stalker in this case.

The fact is my involvement in this case has ALWAYS been limited to seeking the TRUTH on what No Kill Nation and Debi Day did with the over $100,000 they collected in the fall of 2011 for No Kill Nation's Everglades Project - nothing more - nothing less.

Despite claims to the contrary the court case itself NEVER heard any witnesses, never held any hearings were evidence of slander was introduced nor were there any rulings on facts related to the alleged defamatory issues.  I simply defaulted on a court case rather than spend thousands of dollars in legal fees that would be better spent maintaining our sanctuary. 

In other words, I chose to spend my resources and time SAVING senior hounds while No Kill Nation obviously invests most of its efforts and money on lawsuits trying to close down rescues like mine and send the dogs BACK to local kill shelters.  How is that part of any NO KILL EQUATION?

 

 I started this blog with three pictures that were hijacked off my Facebook page to create a drama situation that did not exist.  Here is THAT picture again.  Where does this type of infantile behavior fit into a no kill movement that has failed miserably?  This is totally OVER the line of common decency and honest behavior we expect from those claiming a leadership role in any advocacy effort.  You don't see animal protection groups like HSUS, the ASPCA, Best Friends or PeTa employ these dishonest tactics so how is "no kill" any better?

The senior hounds in this picture ALL survived a stay at a kill shelter.  Debi Day was NOT there to rescue them when they faced death then and her behavior now that threatens their safety is repulsive.  All of these dogs are innocent creatures who have names, are happy on their new home and in fact love me as their caretaker.  It should disgust ANY animal lover to see them involved in No Kill Nation's little scheme.

This comment is nothing more than a threat that Debi shares with complete strangers in the hopes someone will act on it.  It's offensive - its criminal this type of behavior has NO PLACE in any social movement PERIOD.  Targeting a senior citizen with a disability with false attacks like this is the real act of cowardice - Debi should be ashamed - SHE IS the freak show.

Haven't WE had enough of a movement so childish that the only real suffering from this type of behavior is ultimately the shelter dogs and cats who continue to die because "No Kill" message is so far off track.  No Kill isn't about saving lives - its about greed, power and people more concerned about their own misplaced egos - the animals are irrelevant.  That is sad.

"Good night my friend?"  I rest my case.  Debi can stand by her beliefs that honesty is NOT important nor are the lives of dogs she is willing to kill by sending them back to a shelter. 

In the coming weeks I will share the rest of the story which sadly doesn't get any better.  Last Monday No Kill nation's leader organized another attack on our sanctuary which included having four people call in false reports of abuse and neglect to the Gwinnett Animal Control in the hopes that all twenty nine of the dogs who reside here would be impounded.  That story will disgust you even more.



No Kill's obsession with us and them

Your No Kill Leadership Brain Trust?

As many of our readers are aware Drats has been involved in a contentious civil lawsuit funded by No Kill Nation seeking to silence opposition to the Winograd lead no kill movement.

This court battle is funded by a $250,000 loan from Lincoln Day in November 2011 that was used to provide a $20,000 retainer moving this lawsuit forward. Thus far, based on motions filed by No Kill Nation and estimates procured to defend these motions the estimate on legal fees paid out to Debi Day’s attorney Tripp Scott start at $50,000 and could quite possibly be two or three times that amount.

Attorney’s specializing in defamation cases typically start with five figure retainer fees offset through billings at rates of $500 to $750 an hour. Since defamation cases are typically filed for "emotional" reasons these cases are also difficult to apply any type of cost controls as well. Once you’ve invested in a five-figure retainer it becomes like a drug writing out check after check in order that more motions can be filed.

I chose NOT to hire an attorney to defend either myself or the Miami Dade Rescue Railroad for in doing so I would have had to seek donations to fund a childish legal battle when that money would have done much more good saving lives in MDAS. Of course, running a senior no kill sanctuary as I have for the past eleven years doesn’t give me the same luxury that Debi Day has using the limited funds needed to provide our seniors with vet care.

Obviously, Debi Day disagrees. In her feeble mind her reputation is much more valuable then the lives of shelter animals she is perfectly willing to look the other way on while her home shelter kills them.

Here is a list of blogs that the No Kill Movement is so concerned you NOT be able to read. Many of the blogs are articles in opposition to puppy mills, rescue hoarding and of course the reality of pet overpopulation.

If YOU donate to No Kill Nation’s "nokillfund" you are supporting those who exploit the suffering of puppy mill victims to fuel profitable puppy mill sales.

From Google’s "Blogger Team"

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http://squirrelsnnuts.blogspot.com/2011/06/message-to-no-kill-nations-debi-day.html

http://squirrelsnnuts.blogspot.com/2011/06/is-nathan-winograd-truly-that-ignorant.html

http://squirrelsnnuts.blogspot.com/2011/06/my-back-pages.html

http://squirrelsnnuts.blogspot.com/2011/06/no-kill-nation-who-they-really-are.html

http://squirrelsnnuts.blogspot.com/2011/06/from-minds-of-babes-green-chesse-and.html

http://squirrelsnnuts.blogspot.com/2012/11/think-before-you-donate.html

http://squirrelsnnuts.blogspot.com/2012/12/no-kill-nation-private-war-on-rescue.html

http://squirrelsnnuts.blogspot.com/2012/12/the-case-against-debi-day-and-no-kill.html

http://squirrelsnnuts.blogspot.com/2012/12/no-kill-nation-thoughts-from-pickled.html

http://squirrelsnnuts.blogspot.com/2012/12/nkn-vs-drats-pertinent-facts.html
A copy of the court order we received is attached.

Thank you for your understanding.

Sincerely,
The Blogger Team

Per the injunction signed by this court only ordered to remove statements from the "88" http://squirrelnuts.blogspot.com blogs that refer to the plaintiffs as "being frauds or scam artists, or that refer, directly or indirectly, to plaintiffs stealing donations or perpetrating charity fraud."

No Kill Nation’s Kathy Santomero appears to be offended not only by "slanderous lies" concerning No Kill Nation’s fundraising practices but by issues like puppy mills, pet overpopulation, Rick Berman and a breeders role as well.

The real unanswered question is what are Kathy Santomero’s quailifications to even sit in a leadership position on an advocacy group like No Kill Nation? Does she bring experience in reforming shelters to the leadership team? Has she ever reformed a public kill shelter before? The answer of course is no, while Santomero has solid experience in fundraising she lacks even the basic background in reform advocacy that would make her effective.

It was also Santomero who assured donors in the Everglades Project that the money donated for that mission would "have every penny" accounted for. She lied about those promises so why should anyone trust her judgment on other shelter reform issues?

One message that resonates from the self appointed "no kill" leadership team is that dissenting opinions are not tolerated by a movement fixated on breeder enabling language including nuances like "pet overpopulation being a myth" and that shelters, not irresponsible breeders or irresponsible pet owners are responsible for shelter killing.

Drats will leave it to no kill nuts like Nathan Winograd and Debi Day to explain why adult advocates are not permitted to read these articles because the articles offer an alternative scenario on puppy mills and pet overpopulation that is disputed by no kill zealots like Nathan Winograd.

Drats, embarked down a path of raising awareness of a no kill movement filled with half-truths and spin. Drats recognizes the significance in being singled out as a threat in exposing the truth behind Winograd’s "breeder enabling" no kill agenda that has quite clearly been a major disappointment to those of us involved in shelter reform for the last decade.

I would encourage all of our adult readers to read through the list of blogs that No Kill Nation has invested probably $100,000 in trying to censor. Do you feel offended that Debi Day would decide what reading material you are mature enough to handle and what material you must be protected from? Are you offended that she wants YOU to donate money funding that censorship?

Many of these blogs discuss the killing of shelter animals and the suffering of animals in puppy mills. How does a group like No Kill Nation claim to be an no kill animal advocacy group yet justify investing in lawsuits that censor these discussions? It is simply irresponsible and disingenuous to use donations to fund a lawsuit while looking the other way while an estimated 30,000 dogs and cats are being killed in shelter located in the communities of No Kill Nation’s Board Members DEBI DAY, KAROLYN RICO and KATHY SANTOMERO.

If you’re a LEADER in the no kill community shouldn’t you serve as an example of reforming YOUR OWN kill shelters first? If YOU can’t fix the killing in YOUR shelter why would WE want your advice on fixing our own shelters? Obviously, No Kill Nation’s Board of Directors is much too focused on attacking those who dare oppose their twisted mentality on advocacy than actually saving lives in their own shelters.

How much good might have happened saving some of these precious lives had only these three No Kill Nation BOARD MEMBERS devoted the same time and money volunteering to post, pull, transport, sponsor or share on social media sites like Facebook the lives of dogs and cats they were ignoring?

It is EASY to TALK a big tale about being an advocacy leader but when your advocacy resume is EMPTY on accomplishments what you really have is nothing but talk.

The No Kill zealots will continue to fall short on the "trust issue" as long as the attacks continue. Can YOU really trust anyone whose work focuses on censoring opposition rather than allowing a responsible exchange of ideas. What started off as a vision seeking a no kill nation has morphed into groups of inexperienced leaders competing in a power grab for donations that leave the needs of shelter and puppy mill victims by the wayside.

No Kill Nation leadership team has made it abundantly clear if YOU dare oppose or question No Kill Nation’s lack of leadership experience you too will become the next target for attack.

From the list of now banned and censored blog postings now known as "Plaintiff’s Composition Exhibit A" of defamatory blogs.

Trip Down Yellow Brick Road dated May 24, 2011– A personal story about traveling with my hounds in the early years and stories on our special needs rescues. Drats will include this on a list of blogs that will be reposted. There are no references to NKN being frauds or involved in charity fraud included. This blog was "illegally" included a defamatory and thus serves as an example of No Kill Nation violating my right to free speech.

Texas Action Alert SB 1451 Passes Senate" dated May24, 2011 is an article about Texas passing puppy mill reform SB 1451. There are no references to NKN being frauds or involved in charity fraud included. Since No Kill Nation included this article along with a number of other blogs that addressed puppy mill reform we can assume that No Kill Nation supports a breeders rights to run a puppy mill.

No Kill – A Movement or a Cult dated May 23^rd 2011. Op-ed piece discussing cults. There are no references to NKN being frauds or involved in charity fraud included.

Temperament Testing – deciding which shelter dogs die dated May 2011. An article on temperament testing shelter dogs. There are no references to NKN being frauds or involved in charity fraud included.

Miami Dade "Rescue Group Closing" dated May 20, 2011. Press Release info from MDAS. There are no references to NKN being frauds or involved in charity fraud included.

Why Does Bett Sundermyer Oppose Puppy Mill Reform? dated may 19, 2011. There are no references to NKN being frauds or involved in charity fraud included.

RPOA Press Release on Texas SB 1451 Puppy Mill Bill dated May 17, 2011. More on puppy mill issue. There are no references to NKN being frauds or involved in charity fraud included.

Near The End dated may 16, 2011. Lyrics from the song "Near the End". There are no references to NKN being frauds or involved in charity fraud included.

Houston "we have a problem – the puppy mill nuts have taken over" dated may 1, 2011. Article on puppy mills. There are no references to NKN being frauds or involved in charity fraud included.

Hey you, is there anybody out there? Dated May 16, 2011. Article on Nathan Winograd written as an op-ed. There are no references to NKN being frauds or involved in charity fraud included.

Have we reached a point where the art of shared compromise is lost? dated may 13 2011. Writer’s personal observations. There are no references to NKN being frauds or involved in charity fraud included.

The Death of Hope’s Law dated May 2011. Observations on the failing of Nathan Winograd’s CAPA type "Hopes Law" in Texas. There are no references to NKN being frauds or involved in charity fraud included.

Voices from the night dated July 9 2011. Blog on opposition to planned protest at Miami Dade Animal Services. There are no references to NKN being frauds or involved in charity fraud included.

No Kill Nation Issues False Press report on MDAS Parvo Outbreak dated July 7 2011. Discusses parvo outbreak at MDAS. There are no references to NKN being frauds or involved in charity fraud included.

Nathan Winograd’s "Blows Against the Empire" dated July 3 2011. Article on Nathan Winograd. There are no references to NKN being frauds or involved in charity fraud included.

The Grim Realty of No Kill Miami
dated August 22 2011. Observations on perils facing a no kill Miami Dade. There are no references to NKN being frauds or involved in charity fraud included.

Miami Dade – Is No Kill Possible? Dated August 21 2011. Observations on Miami Dade’s no kill resolution. There are no references to NKN being frauds or involved in charity fraud included.

Winograd’s Parting Shot at Maddie’s Fund dated August 2011. Article on Nathan Winograd. There are no references to NKN being frauds or involved in charity fraud included.

A Tale of Four Cities but reality for one dated August 11 2011. There are no references to NKN being frauds or involved in charity fraud included.

No Kill Nation – MDAS Out of the Darkness dated August 9 2011. Observations on MDAS shelter management transition. There are no references to NKN being frauds or involved in charity fraud included.

Tompkins SPCA – the little shelter that couldn’t dated August 2011. There are no references to NKN being frauds or involved in charity fraud included.

Mike Fry – The Myth of the Myth of Pet Overpopulation dated August 2011. There are no references to NKN being frauds or involved in charity fraud included.

No Kill Nation to negotiate a new tomorrow for MDAS dated August 6 2011. There are no references to NKN being frauds or involved in charity fraud included.
 
What’s up at Memphis Animal Services? dated August 7 2011. There are no references to NKN being frauds or involved in charity fraud included.

No Kill Nation’s Relentless Attack on MDAS – who really suffers? dated August 3 2011. Article addressing MDAS shelter and management policy. There are no references to NKN being frauds or involved in charity fraud included.

No Kill Sanctuary or Puppy Mill dated September 24 2011. Article on no kill sanctuary raided for hoarding. There are no references to NKN being frauds or involved in charity fraud included.

Why Tompkins SPCA is not an Open Admission No Kill Shelter dated September 11 2011. Article on no kill sheltering and open admission policies. There are no references to NKN being frauds or involved in charity fraud included.

Winograd – ASPCA’s Mission Orange does more harm than good?
dated October 31 2011. Commentary on Nathan Winograd article. There are no references to NKN being frauds or involved in charity fraud included.

I can see very well dated October 25 2011. There are no references to NKN being frauds or involved in charity fraud included.

Animal Ark’s private war with AHS dated September 11 2011. There are no references to NKN being frauds or involved in charity fraud included.

The Homestead Dogs dated October 24 2011. Blog on stray dog issues in the Everglades. There are no references to NKN being frauds or involved in charity fraud included.

Is pet overpopulation a "myth" dated October 12 2011. Article on pet overpopulation. There are no references to NKN being frauds or involved in charity fraud included.

Greatest Love of All dated October 11 2011. Article on my dogs. There are no references to NKN being frauds or involved in charity fraud included.

No Biscuit for Shirley dated October 6 2011. Article on no kill blogger Yesbiscuit. There are no references to NKN being frauds or involved in charity fraud included.

Sometimes you can’t please anyone dated November 25 2011. There are no references to NKN being frauds or involved in charity fraud included.

Does a leadership void threaten the no kill movement? dated November 25 2011. Op ed article on no kill movement’s lack of leadership. There are no references to NKN being frauds or involved in charity fraud included.

Digging through the no kill spin dated November 24 2011. Removed blog from public domain.

Can you hear me now? dated November 23 2011. There are no references to NKN being frauds or involved in charity fraud included.

Florida Rescue Act – what it doesn’t do – protect shelter pets dated November 22 2011. Article opposing FARA. There are no references to NKN being frauds or involved in charity fraud included.

Donate to No Kill Nation? It all makes perfect sense dated November 2011. Removed from public domain.

Solving Our Pit Bull Problem dated November 14 2011. There are no references to NKN being frauds or involved in charity fraud included.

Do Draconian Dog Barking Laws add to shelter killing dated November 12 2011. There are no references to NKN being frauds or involved in charity fraud included.

Finding target audience in this nosy advocacy world dated November 9 2011. There are no references to NKN being frauds or involved in charity fraud included.

Good morning No Kill Nation dated November 7 2011. Removed from public domain.

Very Truly Up Yours dated November 1 2011. Removed from public domain.

No Kill Nation’s failed message of hate kills dated December 24 2011. There are no references to NKN being frauds or involved in charity fraud included.

Howliday Cheer to a no kill – "no suffering" nation dated December 23 2011. There are no references to NKN being frauds or involved in charity fraud included.

No Kill Nation – "enough homes for all unwanted animals? dated December 22 2011. There are no references to NKN being frauds or involved in charity fraud included.

Nathan Winograd and his support team dated December 21 2011. There are no references to NKN being frauds or involved in charity fraud included.

Valerie "Gossip Girl" Hayes Rattles Her Craddle dated December 20 2011. There are no references to NKN being frauds or involved in charity fraud included.

Why the LIES from Chris Benson and Valerie Hayes? dated December 19 2011. There are no references to NKN being frauds or involved in charity fraud included.

Who is responsible for shelter killing? dated December 18 2011. There are no references to NKN being frauds or involved in charity fraud included.

NKN Lawsuit – A Battle of Words dated December 2011. There are no references to NKN being frauds or involved in charity fraud included.

Do you feel any closer to a "no kill nation" now that these blogs have been removed? Who wages this kind of divisive expensive battle when an easier path of defending your vision should come into play? How can you lead a movement that you can’t articulate?

After all, if we remove that annoying "animal advocacy" thing doesn’t this simply become all about "Us and Them"?

　

　

Florida Case Law on Defamation and Tortious Interference

The Scales of Justice is a legal term that means the fair and equal representation of the law. This representation should be free from prejudice, favor, greed or corruption.

Justice is supposedly blind, impartial and powerful.  The Scales of Justice is a concept within the legal system that represents equality. Ideally, all cases are supposed to start off balanced and then tip to one direction or the other.

 

Of the utmost in ensuring the integrity of the court is following case law in determining guilt or innocence.

 

Here is a synopsis of the Florida Case Law on Defamation and Tortious Interference. 

This lawsuit is a classic example of a wealthy corporation No Kill Nation, Inc attempting to use the burden and expense of litigation to silence a legitimate "whistleblower demand" and consumer advocate while stifling free speech. To state a valid claim for defamation under Florida law, a plaintiff must plead actual damages. By failing to identify a single customer affected as a result of defendant’s alleged defamatory statements, Plaintiff failed to state a cause of action for the defamation.

Similarly, Plaintiff also fails to state a cause for tortious interference. It is also well established under Florida law that a plaintiff claiming tortious interference must identify the agreement or specific customers allegedly interfered with. Furthermore, the alleged defamatory statements at issue in this case are simply nonactionable, protected as privileged under Florida defamation law. This Court should put an immediate halt to plaintiff’s attempts to use expensive litigation to silence a renowned animal advocacy writer and critic, and should have dismissed this baseless action.

I. Applicable Standard and Role of the Court on Motion to Dismiss Defamation ClaimAlthough truth is a complete defense to a libel action, it is the plaintiff who bears the burden of proving that the challenged statement is both defamatory and false, essential elements of any libel claim. Hammond v Times Publishing Co, 162 So.2d 681, 682 (Fla 2^nd DCA 1964), citing, McCormick v. Miami Herald Publishing Co., 139 So2d. 197, 200 (Fla 2d DCA 1962). A defamatory statement is not actionable if the plaintiff cannot allege and prove it is false and thus not even "substantially true."

Further, words are "defamatory" only if "they charge a person with an infamous crime or tend subject one to hatred, distrust, ridicule, contempt or disagree or tend to injure one in one’s business or profession. Seropian v Forman, 652 So.2d 490, 495 (Fla 4^th DCA , 1995); Copper v Miami Herald Pub Co., 31 So.2d 382, 384 (Fla 1947 (accord). The trial court performs a "prominent function" in determining whether or not an allegedly false statement is defamatory. Byrd v Hustler Magazine, Inc, 433 So.2d 593, 595 (Fla 4^th DCA 1983). The court is too closely review the allegedly false statements in the context in which it was published to decide whether a factfinder could reasonably determine the statement(s) to be defamatory. Id. The statement is to be viewed in the context and "not by extremes, but as the common mind would naturally understand it." Id.

This trial court should have dismissed the libel claim if challenged statement "is not susceptible to a defamatory meaning."

Smith v Cuban American Nat. Foundation, 731 So.2d 702, 707 (Fla 3^rd DCA 1999): Keller V Miami Herald, 778 F.2d 711, 714-715 (11^th Cir. 1985)

II. Plaintiff Fails to State a Cause of Action for Defamation Because Plaintiff Failed to Plead Actual Damages

Proof of "actual damage" is an essential element of a defamation action under Florida law. Edelstein v WFTV, Inc., Inc. 798 S0.2d 797, 798 (Fla. 4^th DCA 2001) (affirmimg trial court’s dismissal of defamation action where failed to plead actual injury); Anheuser-Busch, Inc. v Philpot, 317 F.3d 1264, 1266 (11 Cir. 2003) (citing Miami Herald Publ’g Co v Ane, 423 So. 2d 376, 388 (Fla. DCA 1982). Defendant’s actions caused no actual damage to Plaintiff. Plaintiff cannot plead or prove otherwise. Plaintiff has not shown – and cannot show – any specific business arrangement that was negatively impacted as the results of the defendants actions. In addition, Plaintiff cannot show it lost any specific customers as a result of the alleged defamatory statements.

Plaintiff’s failure to plead actual damages as required by Florida law is plainly due to the fact that no damage actually occurred. Therefore, the defamation claim can not stand as a matter of law. This court erred in not dismissing the Plaintiff’s Complaint in its entirety lacking merit.
 
III The Complaint fails to Plead the Alleged Defamatory Statements with Specificity

The court erred in not dismissing Plaintiff’s Complaint because it fails to plead the actual defamatory statements at issue verbatim or with sufficient particularity as required by Florida law. See e.g. Orlando Sports Stadium, Inc v Sentinel Star Co., 316 So.2d 607, 610 (Fla 4^th DCA 1975); Gannett Florida Corp. v. Montesano, 308 So.2d 599 (Fla 1^st DCA 1975); Cooper v. Miami Herald Publishing Co., 31 So.2d 382 (Fla. 1947) (alleged defamatory words should be set out in the complaint for the purpose of fixing the character of the alleged libelous publication in context). The Complaint generally summarizes only one statement alleged to be defamatory with any particularity but claims that this one statements is one "among" other statements at issue.

Plaintiff’s Complaint thus violates the pleading requirements for defamation actions under Florida law, and fails to properly provide defendant with notice of which statements are sued upon. Accordingly, the court erred in not dismissing the entire complaint.

In fact, the court erred in not holding evidentiary hearings proving alleged statements were written by defendant. Instead, trial judge simply assumed these statements were written and that the statements themselves were accurately portrayed by the Plaintiffs’ Defendant has repeatedly denied making these statements as written or that the statements themselves when taken in context are true and not defamatory as Florida law also requires.

4. Defendant Cannot Be Liable under Florida Law for Defamation Because Statements are Privileged

The qualified privilege for private citizens to report "whistleblower" information received from reliable sources is designed the public from reporting alleged criminal activity from liability even if those reports contain minor inaccuracies. 

Defendant merely demanded an accounting for funds collected that Plaintiff’s refused to release.

It strains credibility to believe Plaintiff’s allegation that it somehow suffered damages as the result of defendants publications when Plaintiff’s could have prevented the publications from being written by simply sharing transparently an accounting for the Everglades Project as promised and as the law and rules for non profits require.

Because Defendants statements were privileged under free speech and whistleblower protection, Plaintiff’s defamation claim fails as a matter of law. 

4. Plaintiff Failed to State a Claim for Tortious Interference Because Plaintiff Failed to Identify the Specific Customers Who Were the Subject of the Alleged Interference.

To state a claim for tortious interference under Florida law, a plaintiff must identify the specific customers who were the subject of the alleged interference. Sarkis v Pafford Oil Co., 697 So. 2d 524, 526 (Fla. 1^st DCA 1997) (holding that trial court properly dismissed claim for tortious interference because plaintiff’s failed to identify the customers who were subject of the interference). 

In Bortell v. White Mountain Ins. Group, Ltd., 2 So.3d 1041. 1048 (Fla. 4^th DCA 2009), the Fourth District Court of Appeal held that the plaintiff failed to state a cause of action for tortious interference because the plaintiff failed to identify with any specificity the parties who were the subject of the alleged interference. In Bortell, the plaintiff alleged only that the defendant interfered with plaintiff’s advantageous business relationship with a group of "finite marine clients," but failed to either define the group or name a single individual with whom plaintiff claimed an advantageous relationship. Id The courts in both Sarkis and Bortell relied upon the Florida Supreme Court’s ruling in Ethan Allen Inc., v. Georgetown Manor, Inc., 647 So.2d 812 , 815 (Flo. 1994) in which the Court stated that an action folr tortious interference with a business relationship requires "a business relationship evidenced by an actual and identifiable understanding or agreement which in all probability would have been completed if the defendant had not interfered." See also Baylee Products, Inc v. Cole, 720 So.2d 550, 551 (Fla 4^th DCA 1998)(reversing trial court and remanding for a directed verdict on tortious interference claim based on plaintiff’s failure to present any evidence connecting loss of business to an alleged tortious conduct).
 
Standards for permanent injunctions

To establish the tort of interference with a business relationship, the plaintiff must prove a business relationship with identifiable customers. Therefore, to establish an action for tortious interference with a business relationship, a plaintiff may allege interference with a present or prospective customer, but no action exists for tortious interference with a past customer or to the community at large. Additionally, a mere speculative hope of a future business is not sufficient to sustain the tort of interference with a business relationship.

Plaintiff failed to identify any understanding or agreement with which defendant allegedly interfered nor did Plaintiff provide any specific customers it lost because of the defendant’s actions. Plaintiff only alleges "defendant interfered with plaintiffs existing and prospective business relationships, with the intent to harm Plaintiff’s business" and that "defendant acted with malice and without privilege, in furtherance of an intent to damage and interfere with Plaintiff’s business.

Plaintiff fails to identify the specific understanding or agreement interfered with as well as any specific customers – existing or prospective – lost by Plaintiff as the result of defendants actions. Plaintiff cannot properly bring an action for tortious interference against the defendant based on speculative and conjectural claim that defendant’s actions somehow harmed Plaintiff’s relationship with an unidentifiable group of customers, particularly those with which Plaintiff has NEVER done business. As the case law clearly demonstrates, a plaintiff cannot recover damages under the theory of tortious interference without identifying the specific customers adversely affected.

Therefore, this court erred by not dismissing Plaintiff’s claim for tortious interference.


4. The State of Florida Does Not Recognize the Tort of False Light

Plaintiff’s Complaint improperly seeks to plead a claim for "false light" defamation, despite the fact that the tort of "false light" defamation is not recognized as a viable cause of action in the State of Florida. Jews for Jesus, Inc. v. Rapp, 997 So.2d 1098, 1115 (fla 2008)("in conclusion, we decline to recognize false light as a viable cause of action in this state") Plaintiff alleges defendants actions depicts No Kill Nation in a "false light". To the extent Plaintiff is arguing in support of the tort in false light, Plaintiff is arguing a position that is nor supported by application of existing law to the material facts. In fact, Plaintiff’ refers to a tort that has been unequivocally rejected by the highest court in the state, the Florida Supreme Court.

Based on Florida Supreme Court’s ruling in Jews for Jesus, Inc, Plaintiff cannot do an "end run around" the established requirements for a defamation claim by arguing the tort of false light.

4. Complaint Should Also Be Dismissed Because The Complaint Improperly Seeks To Enjoin Free Speech – A Prior Restraint

Plaintiff’s Complaint specifically requests an injunction preventing defendant from further reporting on Plaintiff. The Supreme Court of Florida – as with virtually every court in the land.—has specifically held that a court may NOT enjoin speech, even alleged false speech, since to allow such injunctions would be unconstitutional prior restraint on speech. See e.g. Moore v City Dry Cleaners & Laundry, 41 So.2d 865 (Fla 1949); Reiter v. Mason, 563 So.2d 749 (Fla. 3d DCA 1990); Animal Rights Fund of Florida, Inc v Siegel, 867 So.2d 451 (Fla. 5^th DCA 2004)(defamation may not be enjoined): Miami Herald Pub Co. v. Morphonios 467 So.2d 1026 (Fla. 3d DCA 1985).

Plaintiff’s Complaint seeking to enjoin defendant from continued reporting about Plaintiff is without basis in law or fact, is not supported by the application of existing law to those material facts, and must be dismissed as well.

Defendant Closing
 
Our legal system depends on the integrity of individual members of the bar and bench to follow the rules, ethics and codes of the legal profession and the judiciary.

While the law firm of Tripp Scott advertises its firm as legal representation with "Experience You can Trust" it appears that experience and integrity has broken down. Attorney Ryan Lehrer has repeatedly flaunted the integrity of the court process with false innuendo and false statements submitted to this court in a frivolous lawsuit.

The practice of law is a profession the purpose of which is to supply disinterested counsel and service to others using independent professional judgment. Attorney Ryan Lehrer’s exercise of independent professional judgment in this case is materially limited by his own interest and conflict. For an attorney to flagrantly submit falsified documentation and immaterial allegations in an attempt to cover up alleged criminal activity by his client is not only immoral and unethical but could be illegal as well.

One needs only to consider the numerous personal attacks and libelous comments made by the plaintiff in this case to point out the litigation was initiated by the plaintiffs for what appears to be a personal vendetta.

The real losers in this process are the courts and the taxpayers in Broward County. Our citizens deserve better than this type of unethical behavior from THEIR court system.

Attorney Ryan Lehrer has brought discredit to the practice of law.

In allowing this court process to mutate into a personal vendetta launched by the plaintiff that lacks any evidence to support the allegations Judge Eileen O’Connor shares the responsibility of discrediting the court process.

When the court system gangs up on a disabled senior citizen only interested in exposing criminal charity fraud something is wrong with Broward County’s civil court system and the Florida Bar. I stand by that statement.

When Judge O’Connor and Attorney Lehrer made the conscience decision to attack a citizen with a disability recognized under the American Disability Act the morality of such choices taints the judicial fairness process that demands all citizens be treated fairly and provided the due process spelled out in the law.

Defendant maintains his right to exercise his free speech in writing on animal welfare issues. Charity fraud is a crime with victims. As such, articles that address charity fraud are written and shared in the public interest. Any attempt at censoring such articles clearly is a violation of the basic tenant of free speech with which the defendant has no intention of complying.

We do not live in a society where the extremely wealthy can manipulate the court to protect themselves from potential criminal activity through misuse and abuse of the civil court process.

As citizens and advocates in this great free society we must be mature and patient enough to understand that true progress requires maintaining a professional and respectful approach in offering solutions to our nation’s animal welfare issues.

In the words of Thomas Jefferson "This institution will be based on illimitable freedom of the human mind, for here we are not afraid to follow the truth wherever it may lead, nor tolerate any error so long as reason is left free to combat it".

Whereas, Defendant Randal DeCarlo, specifically request this court to exercise it’s duty to its’ citizens by dismissing this case in it’s entirety, with prejudice, and to award such other and further relief as it may deem appropriate and just.