Home » News » Currently Reading:

Words Have Consequences: A Cease and Desist Letter from Bastard Nation Attorney Michael Zola

May 17, 2015 News No Comments

 

BN logo

Introduction

In the last few days, some promoters of Texas HB 984 have jumped the shark in their defense of their bill.  While the bill offers no restriction and conditions on actual OBC access, it contains a Contact Veto, misnamed a  “Contact Preference Form” (along with an accompanying birthparent medical history form ). Bad enough as is ,but for adoptions starting in 2016, these preferences” would be collected by Texas adoption agencies, not directly by the State of Texas.

The engrossed bill reads:

The contact preference form shall provide the birth parent with the following options:
(1)  authorize direct contact by the adopted person;
(2)  authorize contact by the adopted person only through an intermediary selected and identified by the birth
parent; or
(3)  not authorize contact by the adopted person.
Proponents amazingly claim that the words “prefer” and  “authorize”  are synonymous.  The bill’s sponsor, in fact, told members of BN’s legislative team that the “authorize language”  was intended to act as a Contact Veto.
When Bastard Nation objected to this disingenuous  language and sent out action alerts opposing  the bill, proponents decided to smear us claiming we are a “front for the adoption  industry.”

This accusation is absurd, of course, unless you’re a devotee of Alex Jones (also from Texas!).  Our history and actions of  almost 20 years  speak for for themselves.

Words have consequences

This weekend, Bastard Nation sent a  a Cease and Desist Letter to various parties who have created and perpetrated this smear. We are still tracking down other participants.

I won’t have a hard copy on letterhead from our lawyer until tomorrow, but in the meantime, I am posting the text of that letter.  As soon as I receive the hard copy I”ll post it here.

Please feel free to distribute our Cease and Desist Letter where you see fit.

(You can read about HB 984 in the four posts directly below this one.  For information on vetoes go our quick print policy papers and The Basic Bastard.

Cease and Desist

To Whom It May Concern:

I represent the adoptee rights organization Bastard Nation.  If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.

Cease and Desist

You are hereby directed to

CEASE AND DESIST ALL DEFAMATION OF
BASTARD NATION’S CHARACTER AND REPUTATION.

Bastard Nation is a respected, national adoptee rights organization with a documented history of successfully advocating for the rights of adoptees.  They have spent almost two decades serving the adoptee community and building a positive reputation. Bastard Nation has learned that you have engaged in spreading false, destructive, and defamatory rumors about them, including false allegations that they are a “front for adoption agencies seeking to keep records closed to adoptees”, and insinuations that they are funded by agencies or individuals who support the continuation of sealed records.

It is unlawful to engage in defamation of another’s character and reputation. Defamation consists of

(1) a statement that tends to injure reputation;
(2) communicated to another; and
(3) that the speaker knew or should have known was false.

Your defamatory statements involve repeated posts on Facebook and other social media, Facebook messages, emails, and conversations with others.

Accordingly, demand is hereby made that you (A) immediately cease and desist your unlawful defamation of Bastard Nation and (B) provide prompt written assurance within ten (10) days that you will cease and desist from further defamation of Bastard Nation’s character and reputation.

If you refuse or fail to comply with this cease and desist demand, Bastard Nation will have an actionable right to and will seek monetary damages and equitable relief as a consequence of any such further defamation.

Be advised that Bastard Nation has authorized this communication to you and that they intend to pursue all available legal remedies, including a judgment against each individual involved in any way for monetary damages, injunctive relief, and court costs and attorney’s fees.

Before formal action is filed, however, Bastard Nation will give you one opportunity to discontinue your illegal conduct by complying with this demand immediately. You may contact me as follows:


Michael S. Zola
PO Box 2165
Kamuela, HI 96743

Or by email to:

michaelzolalaw@gmail.com

I strongly recommend that you consult with an attorney regarding this matter. If you or your attorney have any questions, please contact me directly.

Sincerely,
Michael S. Zola
Attorney at Law

********

Marley Greiner, Exe, Chair

Follow Bastard Nation

Comment on this Article:







new! Bastard Nation Analysis and Endorsement of the Adoptee Citizenship Act 2015

new!  Bastard Nation Analysis and Endorsement of the Adoptee Citizenship Act 2015

Stop deporting our brothers and sisters!

Bastard Nation Executive Committee and LegCom page

Bastard Nation Executive Committee and LegCom page

Read about Bastard Nation leadership

THE BASTARD BOUTIQUE IS NOW OPEN! STOCK UP ON BASTARD SWAG FOR YOURSELF, YOUR FRIENDS. GIVE THE GIFT OF BASTARDY TO ANYONE, ANY TIME, ANY WHERE.

THE BASTARD BOUTIQUE IS NOW OPEN!  STOCK UP ON BASTARD SWAG FOR YOURSELF, YOUR FRIENDS. GIVE THE GIFT OF BASTARDY TO ANYONE, ANY TIME, ANY WHERE.

Your one-stop shopping for everything Bastard is now live. You can get our latest Bastard Nation swag at the Bastard Boutique. Quantities are limited! -- CLICK THE PIC!

FACEBOOK OFFICIAL BN PAGE

FACEBOOK OFFICIAL BN PAGE

Join us on the Official Bastard Nation Facebook page. The only "adoption" page on Facebook dedicated to discussion and promotion of adoptee autonomy, civil rights, bastard theory, political organizing, and activism. You can also sign up there for our BN mail list which includes all of our Action Alerts. This is not a search and support page. No Woundies need apply! (Page live on July 1, 2015)

FACEBOOK SOCIAL BN PAGE

FACEBOOK SOCIAL BN PAGE

Join the Bastard Nation Public Page, a public service for Bastard Nationals, friends and supporters. General discussion on adoptee rights and related issues.

TWITTER

TWITTER

Join us on Twitter. All the Bastardly news fit to tweet!

PINTEREST

PINTEREST

Join us on Pinterest. Bastard icons, images, members, actions, politics, and fun. And Christopher Walken!

Become a Bastard Nation Legislative Liaison!

Become a Bastard Nation Legislative Liaison!

Bastard Nation needs Legislative Liaisons in every state with laws that seal adoption records. We need eyes and ears in the legislatures, creating relationships and gathering information.

What does a BN Legislative Liaison do? They talk with lawmakers and their staff about adoptee rights and the laws that seal records. They distribute Bastard Nation position papers and FAQs to legislators and staff members. They record their conversations and report to the BN Legislative Committee.

They are organized, informed, friendly, helpful, and engaged.

What do you need to do to be a BN Legislative Liaison?

1. You need to live close to the capitol of your state.
2. You need to be able to appear friendly, even when talking with people who disagree with you or are just disagreeable, period.
3. You need to have a flexible schedule.
4. You need to agree with Bastard Nation’s mission: If you don’t know what that is, go to bastardnation.org, it’s right there on our welcome page.

Those are the prerequisites. If you are interested, click the picture of the capitol rotunda, and fill out the application form. We will be in touch and schedule an online orientation and training.

We look forward to working with you!

Read what real live adoptees have to say about secret adoption and sealed records....A service of Bastard Nation and Emma Pea! Fighting adoptacrats since 1996.

Hit the pic for archives.

Bastardly Books by Bastards and Friends

Bastardly  Books by Bastards and Friends

A reading list for all Good Bastards

PUBLIC SERVICE ANNOUNCEMENT: Meet Sharley!

PUBLIC SERVICE ANNOUNCEMENT:  Meet Sharley!

Bastard Nation Moms Club

Bastard Nation Moms Club

Bastard Nation is gathering the names of moms who are willing to step forward and say that they were never promised confidentiality. If you are willing to participate, please comment this status. Your name (and if you choose, the relinquishment date) will be added to a list used in newspaper ads and to educate legislators.

Bastard Nation Action Alerts (from old BN page)

Recent Comments

Bastardly Books by Bastards and Friends

GET INVOLVED with Bastard Nation’s national and state-level advocacy efforts. Sign up or update your contact information here. We’ll be in touch.

GET INVOLVED  with Bastard Nation’s national and state-level advocacy efforts. Sign up or update your contact information here. We’ll be in touch.

bastard-chronicles

bastard-chronicles

Help us celebrate 20 years of bastardy! Bastard Nation is proud to announce the publication of "The Bastard Chronicles: 20 Years of Adoptee Equality Activism in the U.S.and the Birth of a Bastard Nation", Compiled and edited by Marla Paul, "The Bastard Chronicles" is primer for adoptee equality. It features a diverse collection of Bastard theory, and practice, Bastard and Bastard Nation history, legislative and political action, personal stories, art, and literature. It is the public face of Class Bastard written by Bastard Nationals and those we have influenced. Get yours in time for the holidays. Available at Amazon in print and Kindle today. (After the first of the year the print edition will also be available through the Bastard Boutique.

Bastards! Our Bastard Nation Logo T-shirts are now in the boutique! Show the world that we have no shame. Wear it proudly and represent!

Bastards! Our Bastard Nation Logo T-shirts are now in the boutique! Show the world that we have no shame. Wear it proudly and represent!

We also found a stash of our vintage BN logo keychains. There are only 10 left, so order yours! When they're gone, they're gone! Click he pic!

Join Bastard Nation!

Join Bastard Nation!

This summer we are updating our membership/donation page and payment process. If you would like to join or donate, please hit the spemrie. It will take you to our Bastard Boutique page. Follow instructions from there. Be sure to include a quick note with your contact information and anything else you'd like us us know..

My, my it’s American Bastard Pie! (design by Lisa Zatonsky)

My, my it’s American  Bastard Pie! (design by Lisa Zatonsky)

See our state partners:

See our state partners:

Proud Bastard Nation Partner: CalOpen

Proud Bastard Nation Partner: CalOpen

Proud Bastard Nation Partner: Indiana Open Access

Proud Bastard Nation Partner: Indiana Open Access

Proud Bastard Nation Partner: Michigan Open Access

Proud Bastard Nation Partner:  Michigan Open Access

Proud Bastard Nation Partner: Missouri Open

Proud Bastard Nation Partner:  Missouri Open

Proud Bastard Nation Partner: Equal Access Oklahoma

Proud Bastard Nation Partner: Equal Access Oklahoma

Proud Bastard Nation Partner: Open Adoption Records in Quebec

Proud Bastard Nation Partner: Open Adoption Records in Quebec

SAMPLE STATE ORGANIZATION RESOLUTION AGAINST VETOES AND OTHER RESTRICTIONS

SAMPLE STATE ORGANIZATION RESOLUTION AGAINST VETOES AND OTHER RESTRICTIONS

Any political organization seeking to enact true open records legislation should be very clear with both their constituents and the legislators they work with about what the essential provisions of the proposed bill are. Any modification or deletion of the essential provisions of a bill should be immediate cause to have the bill killed.

Any political organization seeking the assistance of Bastard Nation to pass open records legislation must hold unconditional access by adult adoptees to the original record of their birth as an essential provision that cannot be modified or deleted. Read our Mission Statement.

Bastard Nation will not assist any political organization to pass open records legislation unless their governing board or other leadership

passes a written resolution such as the following that commits the board to a strategy of no compromise on key provisions
informs its constituents of this commitment and this strategy
informs the sponsoring legislators of this commitment and this strategy.

WHEREAS we recognize that disclosure and contact vetoes, redactions, mandatory intermediaries and registry provisions are an affront to the dignity of adopted persons everywhere and a violation of their right to due process and equal treatment under the law,

WHEREAS there has been a demonstrable negative effect on the ability to pass unconditional open records in states that have passed veto legislation and/or any provisions that are less than unconditional access on demand by the adult adoptee,

WHEREAS our primary goal is to restore the right of adult adoptees everywhere to be treated as full citizens under the law,

WE HEREBY DECLARE that under no circumstances will we accept the addition of veto, redaction, intermediary, or registry provisions, or any conditional provisions to our legislation that would be less than unconditional access for adult adoptees to the original record of their birth. All legislative sponsors and members of this organization will be informed of our policy on this matter to ensure that the bill is pulled promptly in the event of such revisions.

Share This!