Far-right activist Lynley Hogan will have to pay the legal fees for those she accused in a defamation case against two Los Gatos Town Council members and a resident of the town after a judge last month dismissed her lawsuit.
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From April 2023 to November 2023, Hogan participated in meetings at the Los Gatos Democracy Tent, which was moderated by Fagot. Santa Clara County Superior Court documents state that Hogan attended one meeting on Zoom in June 2023 and posted comments in the about a Drag Queen Story Time at Los Gatos Library that “people found upsetting.” In September, Fagot emailed other Los Gatos Democracy Tent members incorrectly saying that Ristow had a restraining order against Hogan. Fagot told Hogan in February 2024 that 20 people voted to ban Hogan from Democracy Tent meetings because she threatened death to someone during a town council meeting.
In June 2024, Hogan distributed anti-LGBTQ fliers about a 2023 Drag Queen Story Time event, which Moore posted about on NextDoor, expressing his sympathy with those who were troubled by the fliers and identifying her with a link to an article about two previous restraining orders brought against her in March 2012. Hogan asserted that the post “implied that (she) had committed a crime or had been punished for committing a crime,” thus painting her “in a false and misleading light.” She also complained about the ban against her from Democracy Tent meetings.
As a result, Hogan individually accused Fagot and Moore of defamation by libel and accused them and Ristow of defamation by slander and intentional infliction of emotional distress,
Judge Roberta S. Hayashi dismissed the complaints against all defendants at a Sept. 3 hearing.
Court documents stated that the defendants met the threshold to prove that their words and actions against Hogan were “constitutionally protected speech” because they were made “in connection with a public issue or an issue of public interest.”
“The alleged statement that (Hogan) threatened death or to kill someone at a Town Council meeting is obviously an issue of concern to the attendees of Democracy Tent meetings as their personal safety is involved, and indeed, the complaint alleges that Democracy Tent members voted to ban (her) from attending future meetings based on (her) threat,” the court order stated.
Moore and Ristow provided evidence of the March 2012 incident, when Hogan went to the Los Gatos Planning Department offices about a pending code enforcement matter, where she threatened to kill then-town planner Jennifer Savage and then-community development director Wendie Rooney and mentioned the Columbine shooting multiple times.
“Here, the gist or sting of the remark is that (Hogan) was a danger to the safety of others such that a restraining order was necessary,” the court order stated. “The implication is substantially true as a restraining order was necessary and she did indicate that she would carry out a Columbine threat, threatened to kill people in the town and to ‘take down the town.'”
Hogan’s accusation toward Moore concerned his NextDoor post about the flyers she passed out in response to the 2023 Drag Queen Story Time event.
As to the fliers, court documents state that Moore’s sympathetic statements were “obviously statements of opinion” and that Hogan herself admitted that she distributed the fliers, so it couldn’t be considered defamation because the statement wasn’t false.
Lastly, Hogan’s claim of intentional infliction of emotional distress was denied by the court because her arguments did not address any elements that would prove it but were more focused on the defamation claims.
Hogan’s request for a continuance to amend her complaint to add more defendants, like the Town of Los Gatos or the Los Gatos Recreation Department, was denied.
As a result of the ruling, Hogan was ordered to pay for legal fees “in an amount to be determined.” A request by this reporter for more information was refused by town staff.
Fagot submitted a memorandum of costs to be paid by Hogan totaling $736.19, but Hogan submitted a request to not pay the fees due to financial hardship.
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