Friends of Oceano Dunes accuses Tribune of defamation, demands retraction
August 1, 2022
By KAREN VELIE
Friends of Oceano Dunes has told the SLO Tribune that it wants a retraction and apology for an article accusing the group of conducting an illegal fundraiser. The group sent a letter demanding the retraction and notifying the newspaper that it could sue for libel.
“The article contains false and defamatory statements about Friends of Oceano Dunes (Friends) and we are demanding that you issue a retraction regarding the defamatory statement contained in that article, on paper, on your website, on social media and elsewhere,” according to the retraction demand. “We demand a public apology identifying your false and misleading statements and publish it to the front page of your paper and social media.”
After the California Department of Justice received information about an alleged online raffle that possibly violated the law, the Justice Department sent a letter through the mail dated July 19, informing Friends about the legal requirements for raffles. Included in the letter was a section of Penal Code 320.5, which prohibits online raffles.
Before Friends knew about or received the DOJ letter, the Tribune had already obtained a copy.
In a July 21 email, Tribune reporter Mackenzie Shuman gave Friends a July 22 at 2 p.m. deadline to respond, a deadline that expired before Friends received the letter.
On July 25, the Tribune published, “Friends of Oceano Dunes illegally fundraised to pay for court battles against California, DOJ says.”
Friends says the headline is both false and defamatory because neither the DOJ letter nor DOJ staff referred to the fundraiser as illegal.
The DOJ Press Office said they are not permitted to comment on the legality of the Friends’ fundraiser.
“The letter is all we are able to share at this time,” the DOJ Press Office emailed CalCoastNews. “To protect its integrity, we are unable to comment on, even to confirm or deny, a potential or ongoing investigation.”
After reading the letter, Friends replied to the DOJ saying it was not operating an online raffle. The organization also told the DOJ that it did work with BetterWorld, a group that conducts online fundraising for nonprofits. BetterWorld “oversaw a sweepstakes giveaway, which allowed recipients to receive a ticket with or without a donation.”
Friends said that because they complied with all requirements for an exemption including not requiring participants to pay for a chance to win, the sweepstakes did not violate Penal Code 320.5.
In addition to the story and headline, Shuman also posted her allegations on Twitter.
“The group broke the law when it raised $46,000 for legal battles to keep off-road riding at the Oceano Dunes, state prosecutors said,” Shuman tweeted on July 25.
A Friends supporter, who tweets under the name “Renee,” chastised Shuman on Twitter for not considering if the fundraiser was exempt.
Shuman replied that the fundraiser was not exempt, because recipients were required to pay for tickets.
“No they weren’t,” Renee responded. “I had at least 5 free entries along with ones I paid for.”
Shuman thanked Renee for the information, noting she planned to update her story, according to a July 25 tweet. Shuman, however, did not change the headline that claims Friends operated an illegal fundraiser.
“All evidence suggests Mackenzie Shuman determined on her own that conduct was ‘illegal,’ because the DOJ has not made that comment in their letter or in recent discussions,” according to the retraction demand.
Friends of the Oceano Dunes is a not-for-profit corporation expressly created to preserve camping and off-highway vehicle recreation at the Oceano Dunes State Vehicular Recreation Area.
The group has been involved in an ongoing battle over particulate pollution on the Nipomo Mesa. For more than a decade, San Luis Obispo County’s Air Pollution Control District (APCD) claimed that 100 percent of the dust particles blowing over the Nipomo Mesa are the result of off-roading at the Oceano Dunes. The APCD has subsequently admitted the assertion was incorrect.
Based on the claim that 100 percent of the dust blowing on the mesa is from the Oceano Dunes, in March 2021, the Coastal Commission voted unanimously to phase out off-road vehicle usage at the Oceano Dunes over three years.
Friends filed a lawsuit in January accusing the Coastal Commission of overstepping its permitting authority over the state park and for continuing to require voided dust control measures.
During the past six years, Friends has successfully sued the Coastal Commission, the California Air Resources Board and the APCD approximately 10 times over the agencies’ regulatory actions related to the Oceano Dunes State Recreational Area.
Friends president Jim Suty said he is concerned that the Tribune’s article could bias local judges involved with multiple ongoing lawsuits.
“The Tribune has not acted in good faith, has not upheld to its stated, ‘Code of Ethics’ and has continued their deliberate attack on Friends of Oceano Dunes,” according to the retraction demand. “This deliberate, habitual, unethical, and malicious act will not be tolerated, and we reserve all rights to remedy damage done to our good name.”
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