Defamation Suit for Lawsuit Press Conference Allowed
A federal judge has refused to dismiss a lawsuit filed by a Georgia gun shop claiming it was defamed by statements made in a press conference announcing a lawsuit.
The suit was filed against New York Mayor Michael Bloomberg and other city officials.
The defamation allegations stem from a May 2006 press conference held to announce New York’s nuisance lawsuit against 27 gun dealers, according to the Fulton County Daily Report. Bloomberg spoke and said the gun dealers were “a group of bad apples who routinely ignore federal regulations.” His criminal justice coordinator, John Feinblatt, said the defendants had “New Yorkers’ blood on their hands.”
Senior U.S. District Judge J. Owen Forrester of Atlanta ruled Sept. 21 that those statements are not protected by the privilege for reporting on judicial proceedings because they go beyond the facts of the case and characterize the actions of the dealer, Adventure Outdoors.
The judge also permitted claims that New York’s sting operation against the gun dealers violated federal law. “It is not clear that it is legally proper under federal law for private investigators to enter gun shops to pose as straw purchasers in an attempt to induce a sale,” he wrote.
However the judge dismissed negligence claims against the officials. New York City has filed a motion for reconsideration.
Updated to correctly name Adventure Outdoors 10/05/2007 1:58 p.m. CDT
