Is the Board’s Action with respect to the Annual Members Meeting Legal?

Special research for Josie,

Only speech that is intended to, and likely to incite imminent lawless action could be punished. In holding so, the Court produced the “ Brandenburg Test ,” which requires that in order to punish the speaker, the speech must be intended to incite or produce imminent lawless action, and likely to incite such action.

In Terminiello v. Chicago (1949) , the Supreme Court narrowed the scope of what constitutes fighting words. The Court found chat words which produce a clear and present danger are unprotected (and are considering fighting words), but words which invite dispute and even cause unrest are protected (and are not considered fighting words).

This is where defamation laws come into play. Defamation is speech that is both false and damaging to someone's reputation [source: Doskow]. Written defamation is called libel, and spoken defamation is called slander. Over the years, the courts have established some tests for defamation. The statement must be published, false and "injurious" (proven damage to reputation). Nothing I have written has been false. The accuser has the burden to prove the statements are false. As far as this person’s reputation, good luck finding someone to defend that one.

These are all standing case law and are precedent setting cases, therefore, have not been challenged. Your continued threats against me and other posters have no case merit to stand on. As you threaten everyone else with litigation, the internet is forever and the proof of what has been written is right here. So, contact the attorney, but don’t forget to include your name as a perpetrator.

 

So that little ditty you wrote/deleted/I saved about my mental illness is something you have proof of. Medical records, You hired a Psychiatrist to follow me around and sneak a diagnosis to you?

Josie,
I truly believe you are in need of serious mental health support. Anyone who does
nothing but try to hurt and name call others, in order to make yourself appear to be
right really does need serious behavioral health support. You repeatedly state you are
making your statements to point out what was said is wrong.,Someone’s opinion is
not wrong, it’s how they perceive the truth of the situation. When you do any writing,?
it’s done with such malice and ignorance of the facts are as being presented. I, as well
as others, want to continue to use TOSC as a tool for exchange of ideas for the
betterment of the community. Your vile comments, followed by pasting many years
old portions of posts only exemplifies the fact that you are being immature, childish,
selfish and ignorant of current issues that need a positive change to make this
community better.
Posting old dead segments of posts that are relevant from a historical perspective but
not completing the thought only proves your in desperate need of professional help.
I do not pity you nor do I care what you do about making yourself better, but at least
have human decency to allow others to seek better answers without your attacks. This
is the only time I will ever ask you for anything. From this point forward, every time
you attack, harass, belittle or otherwise place yourself as judge and jury over someone
else’s opinion, I will report your post. This is Talk of Sun City, not Josie’s personal
pity part.
SunCityGal, Today at 1:25 AM

This is pure defamation. I am so tired of all you people. You have proven nothing you said here.

And just for you
What Evidence Do You Need to Sue Someone for Insults?
If you’re considering suing over severe insults or verbal abuse, documenting the offensive conduct is key. Every piece of evidence that supports your story can make a difference. Types of proof to gather include:

• Copies of abusive messages, social media posts, or emails
• Screenshots of menacing texts
• Recordings of threatening voicemails or conversations (but be very careful – secretly taping others is illegal in some states)
• Witness statements from people who saw or heard the verbal attacks
• Workplace reports or complaints you made to HR about verbal abuse on the job
• Police reports documenting threats
• Restraining orders or orders of protection you sought against your abuser
• Medical records or therapy bills showing treatment for emotional distress
• Receipts, bank records, or other proof showing financial losses caused by the abusive statements

The more clear, concrete evidence you have of the severity, frequency, and impact of the insults, the stronger your potential legal case will be.

It’s important to capture and preserve this documentation as soon as possible while the events are fresh in your mind and in the minds of any witnesses. Keep a journal of abusive incidents, with dates, times, locations, and details of what was said and done. Save copies of any harassing messages or posts before your abuser has a chance to delete them.

If you’re dealing with workplace verbal abuse, follow your company’s reporting procedures and file complaints with HR. Put your employer on notice of the problem. If insults are coming from an ex or family member, consider involving law enforcement if you feel unsafe. Having records of your efforts to report and stop the misconduct can be valuable evidence in a lawsuit.

An experienced defamation and harassment attorney can help you identify and gather the evidence you’ll need for your strongest possible case. They may recommend specific additional steps to document the abuse based on your unique situation.

What Damages Can You Recover in a Lawsuit Over Insults or Verbal Abuse?
A common question I get as a defamation lawyer is, “How much is my case worth?” The answer really depends on the individual facts and the types of harm you’ve suffered. But generally, in a civil lawsuit over extreme insults or verbal abuse, you may be able to recover three main types of damages.

Compensatory Damages
First, you can seek compensatory damages. These are meant to reimburse you for actual, measurable losses caused by the defendant’s wrongful conduct. Compensatory damages may include:

• Lost income or employment opportunities if the verbal abuse got you fired or made it harder to get hired
• Medical bills for therapy, medications, or other treatment needed due to the distress and trauma of the harassment
• Reputational damage if you can show the defendant’s false statements measurably hurt your professional or personal standing in the community
• In some cases, the dollar value of damage to key relationships, like if the abuser’s lies caused your spouse to divorce you

Damages for Pain and Suffering
Second, you can seek damages for pain and suffering. These try to compensate you for less tangible but still very real harms like psychological anguish, loss of enjoyment of life, sleeplessness, anxiety, and other forms of emotional distress. There’s no precise formula. The jury will assign a dollar value they feel is reasonable based on the evidence of your mental and emotional injuries.

Now in addition I have 5 other documents all highlighted with similar verbiage. If you want to see those the answer is no, although the site owner has them.

 

Promises…
“You can relax now tho. I will be out of commission for quite some time, so keep calm and carry on.” J

 

Well there are a couple of scenarios. I may still be able to sit at my laptop, or not. Then there always is the option that you never choose which would be to just ignore me and my posts. Not sure about the discipline part tho, or you don't have to get on this site at all. We all have choices, it's what we choose to do with them.

 

1949????

Who have I threatened and with what?

 

Carole - Such proceedings would continue with

Whereas the defendants have indicated through an e-mail blast and at the Board meeting of the RCSC held on February 27th, 2025, that they will not allow members to vote on timely submitted motions to amend the bylaws (See attachment 1)

Whereas the defendants have stated they have secured legal advice that ALL the motions made, without citing any specific basis, are reduced to recommendations to the Board for Study by virtue of a bylaw provision stating as follows:

SECTION 4: MEMBERSHIP MEETING RULES AND REGULATIONS ...

The Bylaws may be amended, modified, revised or revoked by the Directors or by the Members. In the event of conflict concerning the Bylaws as amended, modified, revised or revoked by the directors, the action of the Members will prevail. Proposals or matters relating to the conduct of the business affairs of the Corporation, if brought before a Membership meeting, will be referred to the Board for study. Such matters, being solely within the powers delegated to the Board in accordance with the laws of the State of Arizona and Corporate Documents, will be considered only as a recommendation to the Board.

Whereas Recreation Centers of Sun City, Inc. Articles of Incorporation specifically provide for the members right to amend the Bylaws. (See Attachment 2)

Whereas Recreation Centers of Sun City, Inc. Corporate Bylaws specifically provide that the business affairs of the corporation do not include bylaw amendments. (See attachment 3)

Now therefore the Plaintiffs plead that the defendant's intended actions violate the Recreation Center of Sun City Inc. Bylaws and Articles of Incorporation by denying members in good standing the opportunity to vote on bylaw amendments and may be a bad faith attempt to prevent a quorum from being formed at the members meeting.

The Plaintiffs request an immediate communication from the Board via its email blast to its distribution list it has retracting any and all statements that the members will not be allowed to vote at the annual membership meeting. (as stated in Attachment 4).

Harry,

You are entitled not to listen to all and attempt to crush member's concern. That is your choice. As background, I appointed Mr. Foster to the Finance and Budget Committee and am rather proud of that fact. I have no idea who you are but am quite sure you have not participated in the governance of Sun City. I have and continue to do so. Your insults about me resigning roll off me like water off of a duck's back. And just so we are perfectly clear Harry, the high road would have been to have a dialogue with the makers of any particular motion to see if there was flexibility in the approach, allow the vote and determine what the effect of the vote was. In order for there even to be a vote there has to be 500 members present. In my opinion, the Board's action is a very thinly veiled attempt to discourage members from attending. In my opinion, the Board chose the low road and is hiding behind what appears to be a weak and incomplete opinion of counsel that the members have no visibility to. I think you have done a great job of convincing me to file suit.

 

Steve, I appreciate your concern and would never even consider filing suit if the board had not taken this bizarre action, again. This is exactly what the Board did when Sue Wilson was President, and it went very badly. Back then Maricopa County insisted on sending its anti-terrorism unit to an RCSC meeting. Please understand time is of the essence, I understand Rick Gray's political connections and will do this only as a last resort. Please know that I get nothing out of this other than belonging to a community that respects its corporate documents and the guarantee of the right of members to vote contained therein. Unfortunately, I need to complete the pleading this weekend (not something I am looking forward to) so it can be filed by Monday.

 

Jean, I agree 100%. John

 

The key factor is “false”. Everything stated was true based upon my own observation of the posts you make. Go ahead and pursue your claims, I only need to provide a few pages of your posts and I will be vindicated. Then the counter claims will begin, and I will bring others in order to make this a class action lawsuit against you. With all the people you have verbally assaulted, there will be no shortage of co-defendants. Knock yourself out, do make sure whatever type of lawyer you hire they know this will be a counter suit against you with multiple witnesses against you. You feign poverty, but in order to compete in the courts, you will need cash. Guess you are really rolling in money to take on the number of people you have offended.

 

John,
Great job. Sorry I didn’t complete, but the old body doesn’t play as well as it used to. Also, I support the bulk of your argument, but I still don’t feel giving this to the members is not a smart move at this time.
I understand the desire to want to expand the offering to the members, but I still have my doubts about making this the primary option for moving forward.
Great job on completing the project. Are you taking this to the RCSC first or are you going to file in court?
As an fyi, I sent an email to the board asking them to delay the meeting for 2 weeks. In my opinion, the review should be done, the amendments should be ready for the members and voting could proceed. I doubt anyone will listen to me, but I wanted you to know I did this action this afternoon. No intention to circumvent what you have been doing, just looking for options.

 

Perfect, thank you

Unlawful retaliation occurs when a person or an institution takes an adverse action against an individual either in response to the exercise of a protected activity or to deter or prevent protected activity in the future.

 

John,

As I read the body of your action that you are drafting, it had language that made it sound like you were taking this pleading to the board first. Is that the intent? I know you wanted to have the motion ready for filing for Monday. Are you going to use the suggested heading and go for class status action?
Just trying to act as a second pair of eyes, although you did a stellar job.

 

You don’t have protected activity status. That statement is in regards to a workplace and employment law. Stretching the truth again, I see. What retaliation are you dreaming up now?
By the way, email your friends at TOSC and let them know they will also become an interested party in the suit filed. The question will be why you were allowed to remain an active participant even after all the times you have been reported? Why did they do nothing to remove you from posting even after you harassed, defamed, belittled and abused your privilege to post? Why did they have rules and then not make you follow them? So, go ahead and be smug. You cannot prevail, based on your posts alone. The level of defamation you have committed in the abuse of others is astounding. I really hope you reread your comments to others before pursuing any action, it will save you time and a ton of money.

 

John,
My deepest apologies for hijacking your thread. I did not pick your thread purposefully, it was the most available at the time. I will make every effort to get back on task. Again, I am sorry.

 

As per the usual, you have no idea what I am talking about. I am not representing anyone, of counsel means individuals who worked on the case. They can be an attorney or a paralegal, but never appear formally in court. I was of counsel on several lawsuits that I did research for the attorneys while at legal aid. STFA from things you know nothing about. Right now you look like a horse’s tush.

 

It doesn't matter Dave. Many people can't figure out what you are talking about. 12th Century speak is difficult for most. IMO you should not even be able to serve on a committee. If Carole is so smart why didn't she correct me? She just kept saying she could use any attorney she wanted. As far as looking like a horses tush I never claimed I know everything. No one does, well you are the exception.

I am so glad I am able to respond to you again after a long talk with my priest yesterday.

Have a blessed day.

 

Josie
It makes no difference what people say to you, you always twist what people post and make it all about you. Yes, I am smart and I knew what Dave was asking for. You went off on one of your tangents again, so from my perspective, why bother. You probably would have continued in the same vein, either not paying attention or continuing to rant about representation on litigation. Where did I say I could use any attorney I wanted? What I did say is that representation of the principals can be done by anyone. So you actually wonder why I, for one, won’t speak to you about what you post? Because you turn everything into another falsehood. In my opinion of course.
Everything has to be turned into the story of Josie. Case in point: seeing your priest tries to make you appear as the victim and main character again! In my opinion, this is further hijacking the thread.
Let me know what your friends think about being a principal in a suit you are going to initiate. I would love to hear their thoughts on being held accountable for your behavior.

 

AZ. One thing about this, if filed, I want to be listed as Of Counsel. That is my price for assisting.

I will fight this. This person does not have the temperament to represent anyone, much less our community. I have enough disgusting vitriol to share. Members should have a say in who does or does not represent them.

Josie P, Yesterday at 10:34 AM

Josie,
Had I wanted to continue with the filing of court action, the person owning the action has the right and responsibility to name whomever they want as a participant in the action. If you don’t like that, file your own petition to the court. The representation of the principals of the case is done by whoever speaks to the suit.
So what are you doing to assist in the members meeting in regards to the voting being curtailed? Unless you have better knowledge of the matter at hand and can provide legal representation of your own for the benefit of the members, you have no standing.

CMartinez, Yesterday at 10:49 AM

I guess we will find out if it comes to fruition.

Josie P, Yesterday at 10:53 AM

Should myself or anyone else choose to go the litigation route, we choose, not you, the representation. YOU have one helluva lot of nerve calling someone out about the BS posts being made. Your constant negativity and hate towards the other posters is palpable. I truly wish the powers that be would just remove you so conversations can continue in a positive light without your constant negativity. In my humble opinion.

CMartinez, Yesterday at 12:55 PM

 

I was not speaking to you.

 

I authored those posts. They in no way can be construed as anything other than an opinion piece.
I don’t need to throw things up at posters. I post from a place of personal integrity that won’t allow me to say what I am really thinking. This is one way of allowing the respondents a way to gracefully reply, reflect or leave. Unlike one other person who insists on insulting, harassing, berating and threatening them. This tactic is also called egging them on in an effort to create greater chaos and ill will.
I have had enough of this crap. I know I have made every effort to exit this shitshow yet it’s still going. This is in my opinion the most pathetic and juvenile display of demanding behavior I have ever seen in my life, from an alleged adult.