Ark Valley News - City poised to drop defamation charge

City poised to drop defamation charge
By Chris Strunk
Last Updated: August 12, 2010

Jarrod West was to make his first appearance in Valley Center Municipal Court this week on a criminal defamation charge.

Instead, the charge is expected to be dropped.

City Administrator Joel Pile said this week that the city planned to notify West that the charge will be dismissed.

“It's not in the city's interest to pursue the matter," Pile told The News.

Pile referred questions to City Attorney Barry Arbuckle.

“I really can't make a public statement in the newspaper without talking to the lawyer who claims to represent (West)," Arbuckle said.

Still, despite the development, West said he doesn't feel any better about the situation. And as of the morning of Aug. 11, West said the charge had not been dropped.

“I think someone needs to apologize and I think someone needs to reimburse me for my legal fees," West said. “I spent $5,600 in legal fees on this."

West was accused of defaming Pile with a large vinyl sign he posted in his front yard. The sign said: “Dear Valley Center, I did not buy lake front property. Fix this problem. That's what I pay taxes for. P.S. Joel this means you."

West was referring to ongoing drainage issues in his neighborhood along North Meridian on the northern edge of the city. West said the ditch on the east side of his home at 104 Northwind fails to allow water to drain properly, causing his yard to flood during heavy rains.

In a letter to West, Arbuckle said Pile had personally nothing to do with the drainage issues at West's home. Arbuckle said West's sign singles out Pile.

West took the sign down July 10.

On July 28, West was issued a notice to appear in court on the defamation charge.

West filed a complaint with the American Civil Liberties Union. The ACLU sent a letter to the city on West's behalf on Aug. 6. The ACLU said West had a First Amendment right to display signs on his property and that proving criminal defamation of a public official requires evidence that the speaker knew the statement was false or acted with reckless disregard to the truth.

“Mr. West's sign falls well within the limits of protected speech," wrote Doug Bonney, ACLU's Kansas and western Missouri chief counsel and legal director. “At most, Mr. West's sign is truthfully indicating that he expects the city administrator to take some action to address his complaints about the drainage problem."

Bonney asked Arbuckle to dismiss the complaint.

Bonney told The News that he hopes “cooler heads will prevail" and the case will be dismissed.

“Whoever's idea this was, it was a bad one," Bonney said. “It's ridiculous."

Bonney said this week he was getting a Wichita attorney to represent West.

He said the ACLU received a couple of e-mails from concerned Valley Center residents after they learned of the criminal complaint against West.

“We don't like criminal defamation laws," Bonney said, adding that issues of defamation should be settled in civil court.

West said he's afraid that residents in Valley Center aren't free to speak their minds.

“Anybody is subject to it at any time," he said. “They made that obvious. The kicking point is, I have a small business in town. ... They were saying I defamed (Pile), yet, he got in the paper and said I was lying. That's pretty ludicrous."

West said if Pile and Arbuckle “don't know the law any better, they need to find another line of work."

He said despite the ordeal, he hopes something will be done with the stormwater drainage in the area.

Though the charge of criminal defamation will be dropped, West isn't finished with the local judicial system.

He's facing criminal threat and battery charges stemming from an altercation with his elderly neighbor in early July. Police said West pushed the man to the ground and made threatening remarks. Police said West claimed the man was on his property.

West was arrested on the charges, but was released from jail until the District Attorney's Office could file formal charges and issue a warrant. Valley Center police served the warrant on West July 28, arresting him and booking him into jail, where he bonded out. Sheriff's and police records show that West was neither arrested nor booked into jail on the criminal defamation charge. He was issued a criminal complaint and notice to appear in court while he was in jail on the criminal threat and battery warrant.