Suing for Defamation of Character?

Question

OK one of my friends has a situation on her hands. She is a manager at a Super 8 Motel in a small town. Well, in this small town there are many druggies and unemployed people. She wanted to help these people clean up their act, so she gives them rooms to stay in, and they work to pay the rent. Jobs being housekeeping, maintenance, etc. She has to call the police many times because these people end up not working anymore and not wanting to leave. Many of these people didn't have the intention to work when they came. Well the owners are somewhat cheap and are under some financial problems. They agreed to pay TOT (Transient Occupany Tax). Well, one day the paper decides to publish about it. Saying that the Super 8 is the only one who hasn't paid it. But they had an agreement to pay later this year, but the paper decided to slander them. Now after that, on the back page the Sheriffs speak about how bad the business is. Saying things like how they had 59 calls to the motel within 2 years

and how no other lodging place has reported that many calls. They say that people who have lived there have had many police problems, etc. Meaning my friend makes problems for the police. She called the Sheriff’s department after reading that, and asked they why they would put that in the paper. She told them that is making her business look bad, and they said that she had problems with an ex boyfriend at the motel. She explained that he had left August of last year, and had no incidents @ the motel with him. The Sheriff had nothing to say, and kept his mouth shut. So she told him that she would no longer be calling the police, because it seemed to bother them so much, that they had to slander the business in the paper about it. She had called them one time about Vandalism, and it has been 3 weeks , and no follow up at all. Like these sheriffs don’t even care. She believes this is racism, because almost all of the town is white/Caucasian and she hears about store clerks and such talk

bad about the business simply because she is running it. My friend is in her 40s and she has a golden heart, she tried giving these people work and instead she gets this crap from the town, sheriffs, and the paper. Many people are urging her to sue the paper. If she does, what precautions should she take?

Answer 1

Before she sues the paper she should bear in mind that truth is an absolute defense to defamation. First, apparently the Super 8 has NOT paid the transient occupancy tax. It does not matter that they have an agreement to pay it later in the year. They have not paid it to date, and so that is a true fact printed by the paper. Second, if, in fact, there have been 59 calls to the motel within two years, then the sheriff has told the truth as well. You say in your facts that your friend has to call the police many times because of the people she allows to stay there. If the sheriff told the truth, them both he and the paper are on solid legal ground. By the way, printed defamation is libel, not slander. Perhaps your friend would do better to worry more about her business and less about the unemployed and the druggies.

Answer 2

There is no case for a lawsuit.

Your friend did not pay the TOT tax on time and that is what the paper reported. That is a fact, and true. The paper may have printed an slanted story against your friend, but that is their right according to the Freedom of the Press. The only reason why your friend would have a case for a slander suit would be if the newspaper got a fact wrong or lied about something.

Legally slander doesn't mean saying something bad, it means using inaccurate information to say something bad. Without the inaccurate information there is no case.

You friend can contact another paper, a magazine, or the local TV news to try and get her version of the story out, and she should try. If she is doing real good for the community then she should be credited with it. She should also contact an organization like the Salvation Army and or the United Way and ask for their support and help. If she is able to find a charity to connect with her efforts then she can prove that she is doing some good. Otherwise it is just a case of he said, she said.

Answer 3

And don't forget that newspapers have qualified immunity because they report the news. Chances are, even if what they reported was false, there would still be no basis for suit.

Answer 4

Truth is an absolute defense to defamation.

Answer 5

lessons learned...this is not illegal what they did ...sorry...wish i could help....her and her bosses created the problem...they are responsible for it .....good luck.....