Kim Bergel Court Costs
Donation protected
Donations needed to negate the impact of a court judgment for Kim Bergel. Such a judgement as Kim is facing could deter working class women from seeking public office. Help Kim, and take a stand now!
Eureka City Council Member Kim Bergel was the target of an incessant, intense, and extensive social media harassment campaign by an individual intending to cause her fear. This harassment ultimately made her afraid for her family’s safety.
Kim did what any mother should do,and what attorneys recommended. She filed for a protective order. Kim took this action when her daughter was brought into the maniacal nonsense of a man clearly obsessed.
Unfortunately, the man had just enough self-awareness to avoid saying anything which was overtly threatening. He knew the law and was clever enough to stay within its boundaries, on a technical level, while obtaining his goal. He engaged in what the law refers to as a “pattern of conduct” which would normally be deemed harassment.
Because Kim is a public servant, California law has held that the First Amendment requires an overt threat, or clear and convincing evidence of the likelihood of violence. Kim endured the harassment for two years of multiple bizarre posts on her social media page until a subtle threat aimed at her daughter forced her to take action.
Unfortunately, her case was dismissed. The man and his attorney filed a motion for attorney fees in excess of $35,000.00. Kim opposed the motion. The judge could have used his discretion and chose not to deny the attorney fees. There is precedent for this action. The court has in other cases done just this where the courts did not want to discourage harassment victims from seeking protection.
The judge was unmoved. He granted attorney fees, but did lower the amount of fees to $11,140.
Show your support for Kim, a public servant to take reasonable action to protect her family. Should this suit and award of fees become the example it is tantamount to punishment and may deter women, working class folk, and especially working class women to be hesitant of running for office despite their gifts.
Let’s show potential candidates that even when the law is inadequate to protect them that supporters will come to their aid.
Please donate to help Council Member Kim Bergel pay off this unjust fee award.
Eureka City Council Member Kim Bergel was the target of an incessant, intense, and extensive social media harassment campaign by an individual intending to cause her fear. This harassment ultimately made her afraid for her family’s safety.
Kim did what any mother should do,and what attorneys recommended. She filed for a protective order. Kim took this action when her daughter was brought into the maniacal nonsense of a man clearly obsessed.
Unfortunately, the man had just enough self-awareness to avoid saying anything which was overtly threatening. He knew the law and was clever enough to stay within its boundaries, on a technical level, while obtaining his goal. He engaged in what the law refers to as a “pattern of conduct” which would normally be deemed harassment.
Because Kim is a public servant, California law has held that the First Amendment requires an overt threat, or clear and convincing evidence of the likelihood of violence. Kim endured the harassment for two years of multiple bizarre posts on her social media page until a subtle threat aimed at her daughter forced her to take action.
Unfortunately, her case was dismissed. The man and his attorney filed a motion for attorney fees in excess of $35,000.00. Kim opposed the motion. The judge could have used his discretion and chose not to deny the attorney fees. There is precedent for this action. The court has in other cases done just this where the courts did not want to discourage harassment victims from seeking protection.
The judge was unmoved. He granted attorney fees, but did lower the amount of fees to $11,140.
Show your support for Kim, a public servant to take reasonable action to protect her family. Should this suit and award of fees become the example it is tantamount to punishment and may deter women, working class folk, and especially working class women to be hesitant of running for office despite their gifts.
Let’s show potential candidates that even when the law is inadequate to protect them that supporters will come to their aid.
Please donate to help Council Member Kim Bergel pay off this unjust fee award.
Organizer
Eric Kirk
Organizer
Eureka, CA