Clean Air Engineering-Maritime founder Nick Tonsich’s ties to the port have been recurring issues ever since he left his post as president of the Los Angeles Harbor Commission. And ever since, Random Lengths News has covered his dealings. Senior Editor Paul Rosenberg’s latest story on Tonsich, Icarus Falls, was apparently the last straw because Tonsich filed a libel suit against Random Lengths News, on Aug. 11. Then he filed a temporary restraining order, and later he filed a preliminary injunction motion to take down the Icarus Falls story and a 2016 referenced story, also by Rosenberg, from this publication’s website. Judge Michael P. Vicencia in the Long Beach Superior Court denied both motions.
Of all the times this newspaper has covered Tonsich and his port dealings, not once did he submit a letter to the editor or make any request for a retraction based on the facts about this newspaper’s coverage. In 2016 he responded with a complaint letter to the Port of Los Angeles Harbor Commission that we reviewed and do not believe included any evidence contradicting our reporting. After which Tonsich refused to speak with us.
A significant part of the recent article was based upon legal filings in the civil litigation between Pasha Stevedoring, Inc and Nicholas Tonsich wherein Pasha accuses Tonsich of fraud among a list of other causes of action. Fair and accurate reporting on judicial filings are legally protected as they become public records and the allegations in them a matter of transparency and open to public scrutiny not a matter of libel. Tonsich who has a law degree should know this.
In addition to asking the courts to force this newspaper to immediately remove the two articles from its website, Tonsich asked that the newspaper take steps to ensure the Random Lengths News articles cannot be accessed through internet searches via any search engines — something nearly impossible to guarantee — and to issue a formal retraction of the Icarus Falls story. This is a very curious form of censorship to silence the press. We believe it lacks legal precedent.
Tonsich argued that Random Lengths News had libeled him, because he was no longer a public figure having left his position as president of the Board of Harbor Commissioner in 2005 and that he was just a private person and owner of two corporations doing business in the Port of Los Angeles. Tonsich boldly claims that because he is no longer a public figure, he does not have to prove our publication acted with actual malice with our reporting. The Pasha lawsuit, though, is a very public law suit. Our position is that once a person becomes a public figure they can’t unilaterally stop being one just because they claim it, especially when he continues to remain highly influential in matters of public concern and retains prominence in the local community. The judge twice acknowledged the possibility that Tonsich was a public figure in denying Tonsich’s requests for preliminary relief.
Random Lengths News‘ lawyer, David Bosko, has raised several points for attack on Tonsich’s allegations. Among them that Tonsich has not demonstrated that Random Lengths News made any false statements; that the Icarus Falls article was privileged and subject to protection under California law; that Tonsich’s attack on the older article is time-barred; and that Tonsich must show actual malice to prevail and has not even alleged malice.
Publisher James Preston Allen rejects Tonsich’s allegations saying that they are baseless and that he stands behind the integrity of our reporting as factually accurate.
“Nick Tonsich is just trying to bully this newspaper and bury us with litigation. He won’t win as he’s chosen a fight that he can’t win,” Allen said. “I’ve never liked bullies and I’m not going to stand for someone like him trying to suppress the freedom of the press.” In this era it should come as no surprise, “That some people try to nullify the media especially when we speak truth to power”, publisher Allen surmised.
For more of the back story or if you missed the original story you can read more here
Read Icarus Falls here: https://tinyurl.com/Icarus-Falls-2020-07
Read Green Port: A Dream Gets Closer to Reality: https://tinyurl.com/Green-Port-2016
A limited number of hard copies are available by contacting our office
Once a public figure. Always a public figure.