Kim Bergel's request for restraining order against Cornelius Loewenstein denied

Judge Kelly Neel repeated what she said about the civil harassment orders when the hearing started and that they are granted to prevebt future harm.

Judge Neel explained her ruling.

In a nutshell, Kim Bergel's request did not meet the elements required by law. This ruling is not a surprise to anyone who knows the law or has been following the coverage of the prior hearings on this lawsuit.

Repeating the phrase,"it is not here" , Judge Neel said the evidence did not show there was an actual act of violence  an actual credible threat of violence.

Freedom of speech is constitutionally protected. And as Mr. Capps pointed out in case law from California as well as the Supreme Court, Loewenstein was airing his grievances about Bergel's policies.

Judge Neel read several examples that Loewenstein's criticism was about Bergel as a public official and mostly about her support of the needle exchange program,HACHR.

“I don’t doubt for a moment that the volume of communication that he either tagged you in or sent to you is annoying,” said Judge Neel. “However, I cannot find that it’s for the purpose of harassment,."

Judge Neel did say she sympathized with Bergel and if in the future, any conduct that meets a credible threat arises, Bergel can refile.

 Mr. Capps is going to file a motion for attorney fees and costs.

Even Bergel said several times today that the Judge was not going to find anything to convict or incrimate Loewenstein. She kept saying, "it is not about the content, but the volume."

I will add more of Judge Neel's remarks and Mr. Capps arguments about the request, in detail later. It has been a very busy few weeks, and I my regular readers know it will be worth the wait.

Earlier post:
https://johnchiv.blogspot.com/2020/07/i-found-out-about-hearing-from-john.html?m=1