A free speech organization is calling on the San Joaquin Regional Transit District board to disavow a director’s threat to sue members of the public who continue accusing the agency’s leaders of financial wrongdoing.
The First Amendment Coalition sent a letter Tuesday to RTD’s five-member board criticizing comments Director Aaron Edwards made during its July 17 meeting, when he warned members of the public that he would pursue defamation lawsuits over allegations that the board was “stealing money.”
“I’m going to let the public know that I will be filing a defamation suit on any public member, any public member that continues to spread that narrative that we are stealing money,” Edwards said during the meeting.
Edwards called the statement a “forewarning” and said he had “no problem” seeing critics in court.
“I will not stand by and allow the public to continue to desecrate this board over and over and over again without consequences being had,” Edwards said.
The First Amendment Coalition, a nonprofit organization that advocates for free speech, press freedom and government transparency, called Edwards’ remarks an “unacceptable attack on freedom of speech.”
The organization asked Edwards to withdraw the threat and called on the full RTD board to disavow it.
In its three-page letter, First Amendment Coalition Legal Director David Loy said the organization was not taking a position on the underlying disputes between Edwards and members of the public. Instead, Loy argued that threatening litigation in response to comments at a government meeting could discourage people from exercising their right to criticize public officials.
California law provides immunity from defamation liability for statements made during official proceedings, including public board meetings, when those statements relate to the business before the government body, the coalition wrote, citing the state Civil Code and California court decisions.
“Critique of the board or board members is democracy, not defamation,” Loy wrote.
The coalition also argued that criticism made outside a board meeting would not automatically constitute defamation.
A plaintiff generally must show that a person made a false statement of fact rather than an opinion, the letter states. For a public official to recover damages for a defamatory statement, the official would also have to prove that the speaker knew the statement was false or acted with reckless disregard for whether it was true, according to court precedent cited by the coalition.
The coalition also pointed to California’s law, which allows defendants to seek the early dismissal of certain lawsuits arising from speech or petitioning activity on issues of public interest. A successful defendant can also recover attorney fees under the statute, the letter states.
Edwards told Stocktonia on Wednesday that his comments were not directed at criticism of RTD, but at statements he characterized as defamatory. He said the First Amendment also gives him the right to defend himself against defamation and referred questions about the legal issues raised by the coalition to RTD’s legal counsel.
Edwards said the issue is expected to be discussed at the board’s next meeting.
RTD and board Chair Derek Graves Jr. did not immediately respond to Stocktonia’s requests for comment.
Edwards’ remarks came amid months of heightened scrutiny over RTD’s leadership, finances and management.
In June, Stockton Vice Mayor Jason Lee asked the California State Controller’s Office to examine allegations raised in a no-confidence petition signed by RTD riders, former bus drivers, former agency executives and other community members.
The petition contained a dozen allegations against RTD executives and its board, including claims of financial mismanagement, questionable hiring and termination decisions and mistreatment of employees. Among its most significant allegations was that the transit district’s reserves had fallen from $62 million to $26 million in three months.
Those allegations have not been independently established.
Lee sent the State Controller’s Office a June 24 letter requesting an independent review of the claims. A spokesperson for the controller confirmed to Stocktonia in July that the office had received Lee’s letter and petition and that his request was under review. The agency had not announced at that time that it had opened an investigation into RTD.
The petition followed a turbulent period for the transit district.
RTD’s board ousted then-CEO Alex Clifford in February, a decision followed by multiple resignations and leadership changes. Two longtime board members later resigned and were among the people who signed the no-confidence petition seeking an outside investigation of the district.
It was against that backdrop of accusations about RTD’s finances and governance that Edwards addressed critics during the July 17 meeting.
The First Amendment Coalition said even harsh or inflammatory criticism of public officials is afforded broad constitutional protection and warned that the prospect of being taken to court could discourage residents from participating in government meetings.
“A public official’s first duty is to uphold the Constitution,” Loy wrote in closing. “An official’s meritless threat of legal action against critics violates the First Amendment and undermines democracy.”
RTD’s next regular board meeting is scheduled for Aug. 21.