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Cohen Defends Full Disclosure in Public Office & Elections

4/25/2009 8:12:00 PM

Partner Barry A. Cohen defends Couunty Commissioner Kevin Beckner in Full Disclosure/Free Speech lawsuit

Mike Salinero, msalinero@tampatrib.com
Tampa Tribune, TBO.com, April 25, 2009
© 2009 · All Rights Reserved · Tampa Tribune

Beckner: Blair already damaged
TAMPA - Former Hillsborough County Commissioner Brian Blair claimed in a lawsuit filed in March that current Commissioner Kevin Beckner had damaged his reputation during their campaign last year.

Beckner responded in court papers Friday, saying Blair couldn't be defamed because his reputation is disreputable.

In support of that argument, Beckner's lawyers presented 24 exhibits that included newspaper articles, ethics complaints and a 25-year-old sheriff's report, all meant to show Blair in a bad light.

"This motion is intended to ... clarify that Blair's reputation is, in actuality, one that is a discredit to him personally and to the Tampa Bay Community," the motion states.

Blair could not be reached for comment.

The motion includes reports on controversial positions Blair took during his one term as commissioner, including opposing a pay freeze and trying to dismantle the county's wetlands protection division. Beckner used several of the positions in campaign literature attacking Blair.

Also included are reports on Blair's private life, including his admission that he used steroids while performing as a professional wrestler, and a 1984 sheriff's report in which his former girlfriend accused Blair of beating her.

Blair was not arrested or charged in the incident. In an article in The Tampa Tribune, Blair described the woman's charges as an "unfortunate situation, just a boyfriend-girlfriend thing that didn't work out."

One of Beckner's attorneys, Barry Cohen, said Blair left himself open to the attacks by claiming his reputation had been injured.

The Blair motion also cites case law that says the public's right to know and a democracy's need for robust political discussion outweigh the occasional injury to someone's reputation.

"This case is bigger than Brian Blair or Kevin Beckner," Cohen said. "We cannot tolerate a system where people run for public office and you cannot disclose relevant matters about their performance in office."

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Mike Salinero

Tampa Tribune, TBO.com

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