Did Judge Logan err in his
by Wes Fager (c) Oct. 24, 2003
[NOTICE. Let it be understood that Wesley Fager is not an attorney and is not qualified to give legal advice. Nor is he a medical doctor. He is not qualified to give medical advice or to make medical diagnoses. What he presents here is just good common horse sense and is offered, possibly, as a friend of the court in the matter of the Temporary Injunction Without Notice that continues to gag Ray Bradbury. Wesley Fager argues that the injunction seems to him, as a layman, to be in legal error and could be part of a tactic to use the court system to silence criticism of the wrong doings that occurred at Straight. Furthermore he questions, in a layman's sense, the ethics of the order. It is up to competent attorneys and judges to determine the actual legal merit of Wesley Fager's arguments--if there are legal merits.]
Click here for the Temporary Injunction Without Notice which has gagged Ray Bradbury from speaking out against the Semblers since August 26, 2003.
On December 19, 2002 Judge Walt Logan held a private session with attorney Leonard Englander representing his client Kane Furniture of Pinellas Park to discuss whether Englander could show sufficient cause for the court to issue a Temporary Injunction Without Notice to cause Manny Gonzalez to take down his web page www.kanes-furniture.com which was exposing alleged problems at Kane's. The grounds for the requested injunction is that the word Kane's is a registered trademark in Florida owned by Kane Furniture of Pinellas Park, Florida. The "Without Notice" clause to the injunction request means that there were special or extraordinary circumstances surrounding this case that should be sufficient to convince a judge to enjoin Mr. Gonzalez without giving Mr. Gonzalez a chance to defend himself. Judge Logan agreed that Gonzalez's web page confused people who were trying to get to www.kanesfurniture.com which is the official web page for Kane Furniture.
Nine months later on August 26, 2003 attorney Englander was before Judge Walt Logan again under almost identical circumstances. Once again Englander was representing a wealthy, high profile client with a controversial reputation about which citizens were exercising their right to freedom of speech to publicly disclose details of the controversy. This time his client was Ambassador Melvin Sembler, AO who has made a fortune building shopping centers and who is the founder of the controversial Straight juvenile drug rehabilitation program. (Perhaps curiously, Kane Furniture, Mel Sembler and Lenny Englander all have ties to the Florida Holocaust Museum.) Englander was before Judge Logan this time to shut up a man named Ray Bradbury who was responsible for closing Straight because of its reputation for criminal and despicable organized child abuse. Rummaging through Sembler's trash can three years ago looking for documents to verify The Great Straight Holocaust which is responsible for the intentional infliction of emotional distress on perhaps as many as 50,000 American teenagers, including Ray Bradbury, Bradbury came upon an item he had not expected to find: a penile pump (according to Sembler's subsequent lawsuit, more commonly referred to as a penis pump) that used to belong to Mel Sembler--until he discarded it.Recently Ray Bradbury, at great risk to himself, advertised the device for sale on eBay to draw attention to the plight of Straight survivors many of whom could be suffering from Straight-induced Post Traumatic Stress Syndrome. Over 40 have committed suicide. The risk to Mr. Bradbury was that Sembler might sue (especially since Sembler has the financial resources to sue simultaneously hundreds of detractors who could expose what his Straight has done and because Straight and Sembler have a history of threatening to sue and of suing people.) In the ad Bradbury told who the original owner was and he briefly told the story of Sembler's Straight program. Now Mel Sembler is suing Bradbury for intentional infliction of emotional distress, invasion of privacy, trespassing and all that. As part of the civil process Sembler and his attorney Leonard Englander turned to Judge Logan to issue a Temporary Injunction Without Notice for the purposes of: (1) having the eBay ad immediately removed and to have Ray Bradbury turn over his newly found medical device back to its original owner; and (2) to prevent Ray Bradbury from "having any conduct whatsoever, in person or through others, directly or indirectly, with the Plaintiffs or their families." In other words Judge Logan had been asked to temporarily gag Ray Bradbury from mentioning Sembler in any context whatsoever. But how can a judge issue an order for a man to turn over his car, his television set, his penis pump or any of his other possessions without letting the man be present and shown cause why this is happening. And how can the judge allow Mel Sembler to continue his free speech to promote Straight, a never indicted criminal activity, and not let Ray Bradbury tell the factual basis of Straight's crimes and Mel Sembler's involvement in Straight?
This report describes how Judge Walt Logan may have erred in his decision to grant the injunction, and documents Straight's long history of using the courts begging the question, "does Mel Sembler and Straight use the courts to cover-up the misdeeds of Straight?". Finally the report addresses ethical issues surrounding the injunction and suggests that there may be cause for Judge Logan to have recused himself from the motion for the injunction. Supporting arguments are found in the following five enclosures:
Melvin Sembler uses his free speech to promote what he did at Straight. He has made public statements like the following: