Lawyer Sends Letter To Century Council, Mayor, NorthEscambia.com Over Reader Comments

March 16, 2010

A Century man , apparently unhappy with reader comments about him on NorthEscambia.com, had his lawyer send a letter to NorthEscambia.com, each member of the Century Town Council and Century’s mayor. Meanwhile, a couple of town council members expressed displeasure over the letter during Monday night’s meeting of the body.

cottrell.jpgA letter dated March 3 from attorney Stephen B. Shell was mailed to NorthEscambia.com, members of the Century Town Council and Mayor Freddie McCall on behalf of Century resident Alfonzie Cottrell (pictured). Cottrell often attends and sometimes speaks at Century Town Council meetings.

The letter claims that “disparaging references” to Cottrell were made by NorthEscambia.com readers about two published stories that reported on public meetings of the Century Town Council.  The letter does not take issue with the stories themselves, but rather with reader comments.

Cottrell and his lawyer take issue with the reader comments on the story “Century Councilman: Faulty Gas Meters Cause High Gas Bills” published February 16. The story does not reference Cottrell. In a single comment, one reader states that they were tired of  Cottrell, another Century resident and Council member Henry Hawkins “complaining about everything”. Cottrell and the other Century resident, according to Century Town Council minutes, have often addressed the council in public meetings on various issues.

lettercopy.jpgCottrell and his lawyer also take issue with comments on the story “Code Enforcement Cases Headed To Court; Resident Claims Racial Bias”.  According to the story and Century Town Council meeting minutes, Cottrell claimed in a regular Century Town Council meeting that Escambia County’s code enforcement in Century is racial biased. Several readers made various online comments about his statements to the council in a December 7, 2009,  public meeting.

According to the minutes of that December meeting as approved by the Century Town Council, Cottrell, Helen Mincy and Robert Mitchell took part in a lengthy banter with the council over Escambia County’s code enforcement in the town.

At that meeting, after Council President Ann Brooks stated that the identity of persons cited by code enforcement should not matter, the council minutes state “Alfonzie Cottrell said it matters and he will tell them why — one reason why it is important is because code enforcement is going around in primarily the black areas — and that is exactly what they’re doing and he thinks that everything ought to be in the open on that thing”. The minutes also state “Alfonzie Cottrell said he knows they’re going around in the black areas”, and later “Alfonzie Cottrell said….And they going around and doing this thing and to him it looks like their just dwelling in black areas”.

It should be noted that council minutes are the town’s official record of what occurred in a meeting, and the wording in the minutes summarizes what is said. Minutes do not contain exact word-for-word quotes from individuals.

Cottrell’s attorney, Stephen B. Shell concluded his letter to NorthEscambia.com and copied to the Town of Century: “I have assured Mr. Cottrell that, as a conscientious journalist who is now cognizant of the legal requirements for defamation, you will provide unbiased but ethical coverage of future matters when Mr. Cottrell exercises his guaranteed right of free speech, and that you will be careful in attribution of words or positions to him.”

“Thank you for your attention to this matter, and we trust that there will be no need for any action with respect to future publications.”

Council Member Comments On Letter

“I got a problem with sending me a letter…it doesn’t concern the council,” Council member Sharon Scott said about the letter from Cottrell’s attorney during Monday night’s Century Town Council meeting.  “I don’t have any control over what he say. I have to watch what I say because I get in trouble with him. I get mad with him myself…I don’t know why we got this letter. That’s between the media and whoever.”

Council member Henry Hawkins did not express concern over the contents of the letter, but over the fact that he believes that it was not delivered to him by town staff in a timely manner.

“Suppose we had to answer this, suppose we had to do something with it, and it sat here for three or four days in the office,” he said. He claimed that it is a “federal offense, a federal crime to not post mail in a timely manner”.

“When stuff comes in that has anybody’s name on it, it needs to be got to them,” Hawkins said.

Mayor Freddie McCall said there would be a box made available in the town hall for Hawkins by Tuesday morning. “You come everyday and see if you’ve got anything.”

Public Records

NorthEscambia.com made a written public records request for a copy of the letter received by Century Mayor Freddie McCall. To see the letter, click here (pdf). We also made a public records request for the official council meeting minutes from December 7. To read those minutes, click here (pdf).

Pictured top: Alfonzie Cottrell listens as the Century Town Council discusses a letter from his attorney Monday night. NorthEscambia.com photo, click to enlarge.

Comments

67 Responses to “Lawyer Sends Letter To Century Council, Mayor, NorthEscambia.com Over Reader Comments”

  1. David Huie Green on March 19th, 2010 9:12 pm

    Anyway, people are forbidden to practice their religion in a way which involves the government establishing any form of religion.

    Everybody should be a proper Baptist, like me, but many would be offended if so ordered or if it seemed like they were favoring those who are Baptists. Many are of other religious bents and I would not like them being paid with my taxes to promote beliefs which my understanding of the teachings of my Lord say would lead to their eternal condemnation.

    It just ain’t right.

    The simplest solution is the one written into the Constitution that Congress will not have power to make any law establishing a religion or forbidding the practice of any religion.

    Being humans we can’t leave it at that, we always have to find out just how far we can push it. Many say, “We ought to be able to do this or that because there’s more of us than there are of them.”

    That’s the kind of thinking that led to the ethnic and religious cleansing in places like Kosovo, Iraq, Germany, Spain, Ireland… to name a few.

    (I have some ancestors who were run out of Ireland for not being Catholic. Of course my ancestors have been run out of many a place and always blamed it on the intollerance of other people. Rumor has it that they just didn’t bathe often enough or wouldn’t leave the other men’s women alone and the other reasons were just excuses.)

    What scares me is that freedom of religion is in the Constitution, public education is not in the Constitution. If we don’t work to get along better, we’ll either drop freedom of religion or public education.

    Both paths are unacceptable.

    David for avoiding societal suicide

  2. David Huie Green on March 19th, 2010 2:47 pm

    REGARDING:
    “…..do you really think that the govt really doesnt (for teachers and students) in some ways prevent “the free exercise, thereof” ”

    Of course it does. There are legitimate restrictions. If you are supposed to be teaching Algebra, you should not be preaching the teachings of Buddah. Not because I worry about the teachings of the Buddah, but there is a time and place for all times and people are being paid to teach certain subjects.

    It would be wrong to interrupt a History lesson to pray to the east for five minutes. People can work around that by having a planning period then, though.

    Those are obvious restrictions, or they should be obvious. The less legitimate ones happen when some judge signs off on a consent decree which says teachers will not be allowed to bow their heads prior to a meal–if that actually happened.

  3. FreeSpeacher on March 19th, 2010 1:13 pm

    I agree with you David, somewhat, they cannot keep someone from praying…as the saying goes, “as long as there are tests, there will be prayer in schools” lol…but David, do you really think that the govt really doesnt (for teachers and students) in some ways prevent “the free exercise, thereof”

  4. David Huie Green on March 18th, 2010 10:32 pm

    REGARDING:
    “enforces “no prayer in schools” because someone might be offended, ”

    It doesn’t actually stop people from praying. It simply says the government can not tell the students when, where, how to pray.

    This is actually a good thing. Imagine someone who you would not want telling your children how and to whom to pray being the one doing so.

    David for freedom

  5. FreeSpeacher on March 18th, 2010 6:31 pm

    This is a sign of the times…SINCE WHEN DID IT BECOME A “RIGHT” TO NOT BE OFFENDED…can’t find that anywhere, but our country is enforcing it as a right…enforces “no prayer in schools” because someone might be offended, then turns right around and makes accomodations for muslim students by allowing them their prayer times and, in some places up north, a special room to pray in…PLEASE PRAY FOR OUR COUNTRY…

  6. idunno on March 17th, 2010 8:57 am

    To William: Keep up the great work!!!! To Cottrel: Get a life….run for a gov seat,…..move……do something…… just quit whining when people don’t agree with you….grow up…….

  7. me on March 17th, 2010 3:08 am

    look at the money wasted on a lawyer cause they are not free that money could of paid a bill shame on we shouldnt try to be such a bully no name mentioned if you dont want reported what you say then i suggest one should keep mouth closed instead of always haveing sumthin to say lol

  8. Miss M on March 16th, 2010 11:53 pm

    To justsaying,

    I, too, find it ironic that you would knock others’ anonymity while hiding behind a screen name yourself.

    I don’t use my real name >anywhere

  9. walter on March 16th, 2010 9:03 pm

    Mr. Cottrell,

    This site is a lot like a council meeting.

    A place for all to vent (GRIPE) about what annoys us.

    Thanks to North Escambia and the Town of Century for allowing it.

  10. Century Woman on March 16th, 2010 6:19 pm

    This shold not be a black or white issue. It is an issue that affects a lot of people. Don’t turn this into a racist issue.

  11. Century Woman on March 16th, 2010 6:17 pm

    I am tired of all this foolishness. Why is it that every time someone says something it seems to rub someone the wrong way. Everyone should be able to take critism wether it is the town council or someone that speaks in the public at one of these meetings. If you don’t wany anyone talking about ad the things that you say then SHUT UP!!! If you are able to stand and make these comments then you should be able to take these comments. Everyone the public, the press, and anyone that chooses to make comments should be allowed to make these comments. Grow up people.

  12. David Huie Green on March 16th, 2010 5:09 pm

    REGARDING:
    “Freedom of speech does not, in any way, shape, or form, give one person the right to talk badly about another. ”

    Actually, it DOES. The Supreme Court has ruled that only being free to say things others don’t mind isn’t freedom of speech.

    I’m not saying people SHOULD act in an obnoxious manner, just that they have the right.

    Most people’s mothers set higher standards than the Constitution does. Some don’t.

    David thinking just because you CAN do something doesn’t mean you SHOULD and just because you shouldn’t do something doesn’t mean you never have the right to do it

  13. Local Guy on March 16th, 2010 4:55 pm

    > I believe in our backwards State, that they hold the website owner responsible for the comments.

    Nope. Nice try. The federal Section 230 overrules all state laws “.” This federal law preempts any state laws to the contrary: “[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.” is posted below.

  14. huh on March 16th, 2010 4:52 pm

    I believe in our backwards State, that they hold the website owner responsible for the comments.

    Even though its sounds really stupid , but they somehow except the site owner to know what you are going to post , or if what you post is offensive, slander, or whatever.

    Now if you rent a house to someone, and someone moves in the house and posts hate signs in the yard, how is the house owner responsible?

    But, thats how the southern states roll I guess, freedoms are very little in the South, when it comes to things like speaking, or drinking alcohol, gambling , religion , sex rights, etc

  15. Splat on March 16th, 2010 4:17 pm

    Probably not the smartest thing this man has ever done.

  16. Erin on March 16th, 2010 4:12 pm

    I’ve seen ‘freedom of speech’ alot in these comments. And I would just like to ask this…Does the fact that we do indeed have freedom of speech give us the right to speak ill of other people? Yes its your opinion, but I’m sure some of you would be offended if people were talking about you in such a manor. I’ve seen how heated and absolutely ridiculous some of these comments on here can get, and I understand where Mr. Cottrell is coming from, and I’m sure most of you do too. But just like he did, you take offense to his actions. So heres my opinion…Freedom of speech does not, in any way, shape, or form, give one person the right to talk badly about another. You can state your opinion without being rude. And if not, then maybe it should be kept to yourself. Like all of our mothers always told us, “If you can’t say anything nice, don’t say anything at all.”

  17. Mammy on March 16th, 2010 2:59 pm

    Isn’t ironic that they chose to mention his right to free speech while attempting to curb ours?

    I wonder how many hours the lawyer billed him for this complete and total waste of time?

    Im thinking Cottrell likes the spotlight and controversy and is getting just what he wants!

  18. Oversight on March 16th, 2010 2:35 pm

    David Huie Green wrote, “David considering a good lawyer (???)”

    Good + Lawyer = Oxymoron… Now that’s funny!

  19. David Huie Green on March 16th, 2010 2:05 pm

    REGARDING:
    “Your opinion doesn’t really count if you hide behind a screenname. Am I right?”

    Not really. An opinion is a thought. It may be a wise thought or a foolish thought. What counts is that it is expressed. Then others can agree or disagree. Sometimes the thought is a way of looking at things which others hadn’t considered yet but which sways them when they come in contact with it.

    And some thoughts are simply entertaining.

    REGARDING:
    “Why would a lawyer even advise him it was a legal issue?
    That was rhetorical question because I don’t want a letter sent to my house next. ”

    I’m thinking there’s lawyers and there’s lawyers. I doubt this one’s done anything worthy of disbarment yet.

    REGARDING:
    “Why couldn’t the “Town Clerk” made a phone call to the councimen to notify them to come pick up a letter of legal importance?”

    Is that the Town Clerk’s job?
    Was the matter pressing?
    Had the clerk opened and read the letter to know what it said?
    Could someone not delegated the right to open other people’s mail do so legally?
    Should the Town Clerk notify every time a letter comes from Ed Mcmahon?

    It would be bad if they missed winning ten million dollars because of oversight.

    REGARDING:
    “The end result will improve the town’s appearance while private property values increase; a win-win situation for all who live next to ramshackle properties in Century.”

    Actually, raising property values only helps if one is intending to sell. For those intending to live somewhere, lower property values mean lower property taxes. That’s why I try to help my neighbors by keeping their property values low.

    REGARDING:
    “Why do State Troopers work certain sections of highways more than others, because that’s where they have the most complaints about speeders”

    It IS interesting how some folks complain law enforcement never shows up to keep their neighbors in line and then gripe about being hassled by law enforcement when they DO show up. Sometimes there is even a shooting and nobody willing to come forward with information and then complaints that the shooter hasn’t been caught.

    We all have a right to express our opinions.
    It shows who we are.
    If sometimes we come across as slightly less bright than Einstein, it is surely because we hide it so well.

    Even so, sometimes there is a price to pay. Folks are free to have or not have any dealings with us.

    David considering a good lawyer
    (???)

  20. SW on March 16th, 2010 1:27 pm

    >Anydaynow

    Not complaining about his complaining; just the fact that he got a lawyer to try to shut us up. He can complain all he wants; so can we.

    Oh no, I didn’t put my name, does that disqualify me from posting?

  21. Terri Sanders on March 16th, 2010 1:21 pm

    Hmmmmm…if more black people than white people let their properties go to the point they violate the county code,it stands to reason more black people will get citations.Makes sense to me.

  22. EMD on March 16th, 2010 1:00 pm

    T on March 16th, 2010 8:30 am

    DITTO!!!

  23. anydaynow on March 16th, 2010 12:33 pm

    This just drips with irony, doesn’t it? Someone voicing their compalints complaining about someone else doing the same.

  24. Bob on March 16th, 2010 12:05 pm

    Let me remind you. No one has taken anymore abuse on this site than Greg Evers and the county commissioners. Now if you want to be in the limelight there is a price you have to pay. You gotta have big shoulders. If you can’t stand the heat don’t come in the kitchen. We all love North Escambia.com and we owe a debt of gratitude to William. You mess with either one and you are gonna have a lot of trouble with a lot of people.

  25. Tina on March 16th, 2010 11:46 am

    “JUSTSAYING”………now is that how it is spelled on your birth certificate? HUH?

  26. LJ on March 16th, 2010 11:05 am

    This whole ordeal is asinine, ridiculous, and a waste of the time and money of all parties involved. I will now go back to the main page and read the real, newsworthy stories. Thanks for bringing us the news, William. Be blessed!

  27. Paul Lawrence on March 16th, 2010 10:14 am

    Justsaying: I agree people should use real names,, they won’t publish a letter to the editor in any newspaper without your real name and isn’t that what these comments here are: letters to the editor? Most people don’t put much weight into comments people make if they don’t know who made them.

  28. Century Friend on March 16th, 2010 9:59 am

    I don’t get all of that stuff that legal opinion posted below, but sounds good to me. Send me my letter.

    Anybody want to join me at the next Century council meeting? I want to tell them what I think. It ain’t gonna be prettty.

  29. JJ on March 16th, 2010 9:54 am

    Hahaha….. these people are making Century is the laughingstock of the world. And man, I’m glad I don’t have to live inside the heads of these people. Not saying wHHo… don’t want ACtion taken against me! Can you imagine going around being offended, complaining about absolutely everything and constantly thinking there is some grand conspiracy under way by the whole community to slight you? Makes me tired just thinking about it.

    You can send my letter to:

    Yumus B. Crazy
    1234 Getalife St.
    Walnut Hill, FL 32568

  30. legal opinion on March 16th, 2010 9:51 am

    Let’s save Mr. Cottrell and his lawyer the expense of lengthy research. It’s time to back off this one.

    http://pacer.ca4.uscourts.gov/opinion.pdf/082097.P.pdf

    From a December 2009 U.S. Circuit Court of Appeals opinion:

    Recognizing that the Internet provided a valuable and
    increasingly utilized source of information for citizens, Congress
    carved out a sphere of immunity from state lawsuits for
    providers of interactive computer services to preserve the “vibrant
    and competitive free market” of ideas on the Internet. 47
    U.S.C.§ 230(b)(2); see also Zeran, 129 F.3d at 330. The CDA
    bars the institution of a “cause of action” or imposition of “liability”
    under “any State or local law that is inconsistent” with
    the terms of § 230. 47 U.S.C. § 230(e)(3). As relevant here,
    § 230 prohibits a “provider or user of an interactive computer
    service” from being held responsible “as the publisher or
    speaker of any information provided by another information
    content provider.” Id. § 230(c)(1). Assuming a person meets
    the statutory definition of an “interactive computer service
    provider,” the scope of § 230 immunity turns on whether that
    person’s actions also make it an “information content provider.”
    The CDA defines an “information content provider” as
    “any person or entity that is responsible, in whole or in part,
    for the creation or development of information provided
    through the Internet or any other interactive computer service.”
    Id. § 230(f)(3).
    Taken together, these provisions bar state-law plaintiffs
    from holding interactive computer service providers legally
    responsible for information created and developed by third
    parties. See Fair Hous. Council v. Roommates.com, LLC, 521
    F.3d 1157, 1162 (9th Cir. 2008) (en banc). Congress thus
    established a general rule that providers of interactive computer
    services are liable only for speech that is properly attributable
    to them. See Universal Commc’n Sys., Inc. v. Lycos,
    Inc., 478 F.3d 413, 419 (1st Cir. 2007). State-law plaintiffs
    may hold liable the person who creates or develops unlawful
    content, but not the interactive computer service provider who
    merely enables that content to be posted online. See Doe v.
    MySpace, Inc., 528 F.3d 413, 419 (5th Cir. 2008; Chicago
    Lawyers’ Comm. For Civil Rights Under Law, Inc. v. Craigs
    list, Inc., 519 F.3d 666, 672 (7th Cir. 2008); Zeran, 129 F.3d
    at 330-31.
    To further the policies underlying the CDA, courts have
    generally accorded § 230 immunity a broad scope.4 See Lycos,
    478 F.3d at 418; Carafano v. Metrosplash.com, Inc., 339 F.3d
    1119, 1123 (9th Cir. 2003); Zeran, 129 F.3d at 331. This Cir-
    cuit has recognized the “obvious chilling effect” the “specter
    of tort liability” would otherwise pose to interactive computer
    service providers given the “prolific” nature of speech on the
    Internet. Zeran, 129 F.3d at 331. Section 230 immunity, like
    other forms of immunity, is generally accorded effect at the
    first logical point in the litigation process. As we have often
    explained in the qualified immunity context, “immunity is an
    immunity from suit rather than a mere defense to liability” and
    “it is effectively lost if a case is erroneously permitted to go
    to trial.” Brown v. Gilmore, 278 F.3d 362, 366 n.2 (4th Cir.
    2002) (quotations omitted) (emphasis in original). We thus
    aim to resolve the question of § 230 immunity at the earliest
    possible stage of the case because that immunity protects
    websites not only from “ultimate liability,” but also from
    “having to fight costly and protracted legal battles.” Roommates.
    com, 521 F.3d at 1175.

  31. Funny on March 16th, 2010 9:42 am

    > why don’t people on this site use their actual names

    Well said by someone that has the “real name” of justsaying

  32. Escambia County Resident on March 16th, 2010 9:41 am

    Mr. Shell… Try this one on with your client: “[w]e expect people who engage in controversy to accept that kind of statement as their lot. We think that the first amendment demands a hide that tough.” Ollman v. Evans, 750 F.2d 970, 1005 (D.C. Cir. 1984)

  33. SW on March 16th, 2010 9:36 am

    >Justsaying

    Do you want our pictures, addresses, and family names, too?

  34. Billy on March 16th, 2010 9:36 am

    Could anyone understand what this man was trying to say?

  35. justsaying on March 16th, 2010 9:25 am

    I can tell it won’t be a popular view here but why don’t people on this site use their actual names. We talk about freedom of speech, not anonymity of speech right? It would make people think a little more about what they say if their identity is known. Your opinion doesn’t really count if you hide behind a screenname. Am I right?

  36. ROLL TIDE on March 16th, 2010 9:15 am

    “send me a letter” said it all

    THANK YOU NORTHESCAMBIA.COM FOR KEEPING US ALL INFORMED:)
    William we got your back!

  37. SW on March 16th, 2010 9:06 am

    Yeah, exactly which rule and exactly how was it violated?

    Does Mr. Cottrell have an exclusive right to speak his mind?

    Waiting on my letter; and William’s lawyer recommendation.

  38. Escambia County Resident on March 16th, 2010 9:01 am

    Mr. Shell should attend a town council meeting and listen to his client speak publicly. But then Shell would be forced to change his lofty opinion that his client has been somehow wronged by NorthEscambia.com.

  39. not a lawyer (yet), but ... on March 16th, 2010 8:54 am

    > Well…this probably won’t be printed, but if William would stick to HIS rules regarding comments, then this would NOT be a problem

    Who said he didn’t follow the rules? Where is the comment about Mr. Cottrell that violates the rules?

  40. SW on March 16th, 2010 8:52 am

    In all seriousness; someone appears in a public forum, speaks in that open public meeting, is quoted (or summarized) and photographed, then hires a lawyer to threaten to ’shush’ the forum and reporter because he doesn’t like what is said about him.

    I would believe that individual’s credibility has just become moot.

    What’s the old saying about ’staying out of the kitchen’?

    Go ahead, send me my letter; lawyers are quickly becoming moot, too.

  41. atmoredude on March 16th, 2010 8:49 am

    Well…this probably won’t be printed, but if William would stick to HIS rules regarding comments, then this would NOT be a problem…here are the rules below:

    (1) Be Nice. No comments that slander another, no racism, no sexism, no personal attacks.

    (2) No Harrassing Comments. If someone says something bad about you, don’t respond. That’s childish.

    (3) No Libel. That’s saying something is not true about someone. Don’t do it.

    (4) Keep it clean. Nothing vulgar, obscene or sexually related. No profanity or obvious substitutions. Period.

    (5) NorthEscambia.com reserves the right to remove any comments that violate our rules or we think to be inappropriate. We are not responsible for what is posted. Comments may not appear right away until they are approved by a moderator.

    (6) Limit your comments to the subject in this story only, and limit comments to 300 words or less. Do not post copyrighted material.

    (7) No posts may advetise a commerical business or political group, or link to another commercial web site.

  42. Another opinion giver! on March 16th, 2010 8:43 am

    Oh Boy! Here we go again! People are angry again.. Hmmm imagine that. 1st let me say this to Mr. C. I am not finishing his name, I don’t want a letter. LOL…. OK when you said code enforcement “only in black areas” My mother isn’t black and got a warning for a vacant property being overgrown. She had to pay to have it bushhogged. Keep the yard clean and they will leave you alone, plain and simple!!

    If you don’t want people saying things about you and calling you out by name, “KEEP YOUR NAME OUT OF THINGS”!!!

    And to Mr. Councilman that complains about most everything anyway, if you would ask someone at the City Hall if anything is there for you, you may have gotten your letter before 3 or 4 days. But, smart one, if the letter was written on the 3rd and mailed on the 3rd, you would not have been able to get the letter before Monday the 8th. (Just saying)

    Wow! Someone always has to argue and whine about something! If you have to complain about everything the Town of Century does, MOVE! Or vote someone in that can change things. The mayor of the town is only as good as his Council members backing him are. NEWSFLASH!!!! Maybe it is time for a new council all together! If you vote in new council members maybe things will change.

    OK I am off the soapbox now!

  43. Elizabeth on March 16th, 2010 8:43 am

    I just have one thing to say:

    HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA! HA!

    This is rich!

  44. T on March 16th, 2010 8:30 am

    RE: SEND ME A LETTER……YOU said it so good that I just copied and reposted!
    WELL SAID!!!

    Mr. Cottrell,
    Please have your lawyer prepare another ridiculous letter and take more of your money for nothing, as I am about to make what you call defamatory remarks in this statement.
    You should be ashamed of yourself, hiding behind “Freedom of speech” and claiming everything to be racially biased. I am sorry, but those days are over. The “Man” is not keeping you down anymore, last time I checked “the Man” (The head of our Government, The President of the United States) was of the same skin color as you. The fact of the matter is that you are intentionally drawing attention to yourself and causing chaos for the Town of Century. Why would the code enforcement spend more time in what you call “black areas”, maybe because there are more violations in that area than any other part of the city, regardless of who lives there. Why do State Troopers work certain sections of highways more than others, because that’s where they have the most complaints about speeders? Mr. Cottrell drop the poor pitiful “black” me routine. It’s time to grow up. We will never get past this until people like you stop blaming the rest of us for things we had nothing to do with.
    This all sounds like you want something for nothing. I guess next we will see where this lawyer of yours sues William and the rest of us, so the both of you can get money for doing nothing. You are not owed anything. No money, No apology, only the shame you have brought on yourself, the town of Century and the rest of the citizens who comment on this website-SHAME ON YOU!!

  45. bwayne on March 16th, 2010 8:26 am

    check out the RULES below the posters’ comments. #5 specifically infers that NE is not responsible for what is posted.

    Short and to the point.

  46. not a lawyer (yet), but ... on March 16th, 2010 8:23 am

    I’ve been doing some reading about this Section 230 of federal code. It’s very clear to me that computer services like northescambia.com are protected.

    http://www.eff.org/issues/bloggers/legal/liability/230

    Now, since this letter was sent to the Century council erroneously making these claims against northescambia.com, I would think northescambia.com has a legal case of defamation against the parties responsible for the letter.

    They used the letter in an attempt to harm or otherwise cause suffering to northescambia.com and all of us that blog here freely.

    if i were a young lawyer, i’d be contacting northescambia and offering to sue those that caused harm to our news site.

  47. SW on March 16th, 2010 8:00 am

    Darnit; thought I was going to get to see some REALLY good stuff, haha.

  48. freedom@free.com on March 16th, 2010 7:59 am

    You reckon he’s going to sue the sheriff too? He posts on here a lot.

  49. freedom@free.com on March 16th, 2010 7:58 am

    SW — I don’t think northescambia has a facebook (why not???)

    I’m just talking about what people are posting on their own walls for their friends.

  50. SW on March 16th, 2010 7:57 am

    We have a place on Facebook? Where is it? I’d love to see that.

  51. Read facebook? on March 16th, 2010 7:55 am

    He’s going to have to send one of those letters to Facebook. Have you seen what people are saying over there about this?

    I encourage everybody to post something about this story on their Facebook wall. northescambia deserves our support.

  52. SW on March 16th, 2010 7:52 am

    Wow, we are talking about this gentleman; and using his name?

    Letters are going to be flying like confetti.

    William, can you recommend a good lawyer?

    [tongue-in-cheek]

  53. Freedom Foundation Fan on March 16th, 2010 7:47 am

    > Now his picture his posted all over North Escambia…here comes another letter from the lawyer

    If you are in a public meeting, your picture can be taken for any reason.

  54. Electronic Freedom Foundation Fan on March 16th, 2010 7:43 am

    In citing 1979 Florida cases, the attorney seems to have overlooked:

    Section 230 of Title 47 of the United States Code (47 USC § 230)
    Communication Decency Act of 1996

    Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” This federal law preempts any state laws to the contrary: “[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.”

    Readers’ comments, entries written by guest bloggers, tips sent by email, and information provided to you through an RSS feed are considered information provided by another content provider.The publisher shall not be held liable for defamatory statements contained in it.

  55. Send me a Letter on March 16th, 2010 7:16 am

    Mr. Cottrell,
    Please have your lawyer prepare another ridiculous letter and take more of your money for nothing, as I am about to make what you call defamatory remarks in this statement.
    You should be ashamed of yourself, hiding behind “Freedom of speech” and claiming everything to be racially biased. I am sorry, but those days are over. The “Man” is not keeping you down anymore, last time I checked “the Man” (The head of our Government, The President of the United States) was of the same skin color as you. The fact of the matter is that you are intentionally drawing attention to yourself and causing chaos for the Town of Century. Why would the code enforcement spend more time in what you call “black areas”, maybe because there are more violations in that area than any other part of the city, regardless of who lives there. Why do State Troopers work certain sections of highways more than others, because that’s where they have the most complaints about speeders? Mr. Cottrell drop the poor pitiful “black” me routine. It’s time to grow up. We will never get past this until people like you stop blaming the rest of us for things we had nothing to do with.
    This all sounds like you want something for nothing. I guess next we will see where this lawyer of yours sues William and the rest of us, so the both of you can get money for doing nothing. You are not owed anything. No money, No apology, only the shame you have brought on yourself, the town of Century and the rest of the citizens who comment on this website-SHAME ON YOU!!

  56. Really? on March 16th, 2010 6:40 am

    It’s called freedom of speach, BRO. BTW, these direct quotes from council members are disturbing in how they are worded… “I don’t have any control over what he say. And this line… “When stuff comes in that has anybody’s name on it, it needs to be got to them,” Maybe the city council needs a little lesson in grammer!

  57. Oversight on March 16th, 2010 6:37 am

    By the way, I didn’t know that there are exclusively white sections in Century and if there are… just where are they? Century a diverse community and when code enforcement comes to town it must be picking on everyone with an equal opportunity for all to be cited. Drive around town and pick out the worst properties without taking into consideration of who owns it, isn’t that what code enforcement is doing? Repair and cleanup of properties are the goals of code enforcement and only after code’s has started action that a property owner is identified, how is this racist? So if one doesn’t want to feel targeted, get ahead of the problem before code enforcement pays a call. The end result will improve the town’s appearance while private property values increase; a win-win situation for all who live next to ramshackle properties in Century.

  58. Atmoreboy on March 16th, 2010 6:13 am

    Now his picture his posted all over North Escambia…here comes another letter from the lawyer…he is surely in the public view now huh. At least we all know he is reading the comments on here. He can dish it out but he cant take it !!

  59. SW on March 16th, 2010 6:13 am

    Let’s see, this gentleman can speak without restriction; we have to shut up?

    Send me a letter.

    I blog here from time to time, depending on the subject and I am careful, as are many, to write responsibly.

    This is confirmation that NE is doing a great job of reporting community happenings; and another example of someone trying to shut down something they don’t like.

    By the way, I didn’t know that letter’s to the editor, which these blogs basically are, weren’t subject to stuff like this.

    Don’t worry William, they don’t like FOX News, either. Must mean you’re doing something right. Thank you for this site and for your work.

    Where’s that letter, now?

  60. Century girl on March 16th, 2010 2:37 am

    I agree with Mr.Henry Hawkins’ position, of being somewhat disturbed that a letter sent to the council, regarding legal matters, was not given to the Councilmen in a timely fashion and also not delivered to them appropriately.

    Why couldn’t the “Town Clerk” made a phone call to the councimen to notify them to come pick up a letter of legal importance?

  61. escambiamom on March 16th, 2010 2:02 am

    Gonna have to develop some thick skin if you want to speak in public. Not everyone will agree with what you are saying.

    I am not sure how Northescambia.com is supposed to control readers’ opinions and what they write? Why would a lawyer even advise him it was a legal issue?
    That was rhetorical question because I don’t want a letter sent to my house next. ;)

  62. Dude! on March 16th, 2010 1:55 am

    What’s wrong with the racist story? If somebody talks about areas being targeted by code enforcement because they are black, that sounds racist to this African American Century resident. I know it does to my white neighbors.

    Century needs to pull together and not pull this letter crap or the racist card. People outside Century have to be laughing their butts off at us this morning.

  63. northescambia fan on March 16th, 2010 1:51 am

    When does the Century council meet again? I think a few thousands of us readers should show up.

  64. northescambia fan on March 16th, 2010 1:50 am

    I don’t think Mr. Cottrell realizes how respected northescambia.com is. Have you every noticed that William always has interviews with everyone important?

    You think he noticed that Sheriff David Morgan uses these comments when he never comments anywhere else? I wonder if he’ll send a letter to the sheriff.

    The ECUA boss of something was on here in a story yesterday. I’ve seen a couple of county commissioners make comments. A few lawyers, a bunch of preachers and few thousand other people. Maybe they’ll all get letters.

  65. Ha Ha! on March 16th, 2010 1:37 am

    And if council members are worried about what they say in meetings, maybe they shouldn’t say anything at all. It’s a public meeting!

  66. Ha Ha! on March 16th, 2010 1:36 am

    This is funny! Score one for NE — the public records request and running the letter was brilliant!

  67. Century Resident on March 16th, 2010 1:33 am

    It’s called freedom of the press and freedom of speech.

    I am a frequent commenter on northescambia. I consider this letter a personal attack on me and my freedom of speech and the freedom of speech on the 50,000 or so people that read this site. Cottrell has no say in my opinions.

    He said what he said a in public meeting. Fox News could run it on TV if they wanted too. A council meeting is not some secret society.

    Facebook, northescambia.com, twitter — it’s freedom of speech.