Johnny Chisholm Attempts to Silence Media
Written by Multiple Sources
noiZe received a threatening legal letter from Johnny Chisholm’s “lawyer.” The court, magistrate, and plaintiffs in this case are under the impression that Mr. Chisholm has no legal representation. (And Mr. Fehr states that recent decisions reflect that.) And yet, Mr. Fehr seems to be legally representing Mr. Chisholm, a fact that both the courts and plaintiffs will be most interested in. (More details)
The Summer 2010 issue of noiZe magazine was written and printed in the month of April, 2010. Mr. Fehr’s references to decisions made on May 4, 2010 are interesting, but CLEARLY are decisions that were made by the courts WELL AFTER noiZe was printed and distributed. Perhaps he should read the time-line more carefully.
While we are not legal experts, please take a read of the facts from the courts, a case analysis, and other media sources - and make your own mind up on who is guilty and who is innocent. Feel free to post your comments here as well.
D. Michael Taylor
Johnny Chisholm has forwarded to me a copy of the most recent on-line issue of Noize magazine (Issue 64, Summer 2010), which I have also accessed myself on the Internet. In the “From the Publisher” article entitled “Risky Business,” the following statement is made:
“Now that the courts have found Johnny Chisholm and his media partners guilty of fraud and deception….”
The statement then links to the “Forest Moon of Endor” blog, which discusses the recent recommendation of the U.S. Magistrate in the lawsuit brought by Ray DeForest.
This statement is categorically false and gives the clear and unmistakable impression that Johnny Chisholm has been convicted of a crime or, at the very least, that a court has made findings of fact and entered judgment against him.
First, the court decision to which the statement refers was a recommendation by the Magistrate to the District Court that a default judgment be entered against Johnny Chisholm Global Events, LLC, based on that business entity’s failure to retain counsel. There was no finding of fact and no determination by the Court that Johnny Chisholm Global Events, LLC was guilty of anything. The DeForest case is a civil lawsuit, not a criminal case, and there has not been and never will be a finding of “guilt.”
Second, the Magistrate’s recommendation was that the motion for entry of default against Johnny Chisholm, individually, be denied. Not only, therefore, has there been no finding of guilt on the part of Mr. Chisholm, there has not even been a civil default entered against Mr. Chisholm, and his right to defend the case remains unaffected.
Because you have linked the article to the Forest Moon of Endor blog, which does correctly explain the Magistrate’s recommendation, it is apparent that you had actual knowledge that the statement in your magazine was false or, at the very least, published that statement with reckless disregard for the true facts. This clearly constitutes “actual malice” on your part as that term is defined in the Supreme Court case of New York Times v. Sullivan.
Without waiving any of Mr. Chisholm’s rights to recover damages from you, we require that you do the following to minimize the damage you have caused:
- Within one (1) hour of this e-mail you must remove the false statement from your website and any on-line editions of your magazine.
- Within one (1) hour of this e-mail you must post a complete and total retraction of the false statement on your website and any on-line editions of your magazine and the cover of your magazine must reference the retraction.
- By the close of business on Friday, May 7, 2010, you will have recalled, retrieved or otherwise collected all print copies of your magazine and destroyed them.
- The next three editions of your magazine, both on-line and in print, will contain, in the “From the Publisher” section, a full and complete retraction of the false statement and again, your cover must reference the retraction so your readers will know to look for it.
Mr. Chisholm continues to evaluate his rights and options with respect to this matter and, as noted above, these requirements do not constitute a waiver of any of his rights to pursue this matter further.
Bruce C. Fehr
Liberis & Associates, P.A.
212 West Intendencia Street
Pensacola, Florida 32502
(850) 433-5409 (fax)
NOTE: The information in this email is confidential and may be attorney work product or protected by the attorney/client privilege. If you are not the intended recipient, we request that you not read, use or disseminate the information, advise the sender immediately by reply email and delete this message and any attachments without retaining a copy. Thank you.
If this guy spent a fraction of the time pursuing his events as he does these petty lawsuits and feuds, he wouldn’t be where he is now. Ridiculous. In point of fact, citing NYTimes vs. Sullivan takes away their argument: In the Circuit world, Johnny Chisholm is a “public figure”; hence, you can say what you want about him. The burden is on the plaintiff to prove you did it with malice — which is nearly impossible to prove.
By Scott B. on 05-06-2010
Whatever. Chisholm and his media partners (the dunderwhelps at J***C******) may not be “guilty” in the literal legal criminal sense of the word (yet), but they sure are in the moral sense of the word.
By Joey on 05-06-2010
I love these demands! Why didn’t they add just a few more like:
5. You must re-name your magazine Johnny Chizm’s World and all articles henceforth will be profiles of his tireless and unparalleled promotion work in the Circuit community.
6. You will pay to erect a Johnny Chisholm papier-mache statue at every major Circuit event for the next 10 years.
7. You will never again think or dream about anyone but Johnny Chisholm.
By Michael on 05-06-2010
Thanks for the comment Joey. I had to look up “dunderwhelp” though.
It now the word for the day!
/DUN der welp/ n · A detestable numbskull.
By Gary on 05-06-2010
Gentlemen, these are the acts of a desperate man, clinging to desperate measures to stay afloat.
After squandering away his empire, and bankrupting a successful franchise, Johnny has hit dirt and is now resorting to sue news media for sustenance. Come on Johnny, be a man, get out your begging bowl, instead of these low life theatrics!
By Sam on 05-07-2010
LOL, this is just what Chisholm tried to do the Circuit Dog last year, silence him with a phony lawsuit. And we all remember how fabulous THAT worked out!
they never learn…
By JustTruth on 05-07-2010
Wow this is crazy! Why is it that the guilty can continue to harass and commit crimes while the innocent are always victims? I have wondered why noiZe has been so silent all these years on the Orlando drama. Now I can understand why. Good for you guys and the gaydays stuff in Orlando. Its about time they were being run by reputable organizations.
By Alan Murray on 05-07-2010
When you are done, you are done. Johnny Chisholm sir you are DONE in Orlando -Forever. There will be no comeback for you, ever.
I read the ridiculous article on justcircuit.com recently - i think they blame everyone for Gay Days drama and JC’s cancellation EXCEPT the promoter himself or their very own pitiful efforts to sell the hotel for 2010.
Crappy hungry attorneys are a dime a dozen folks. Don’t be surprised by anything JC does in the future to try to make his IMPOSSIBLE comeback in Orlando.
If all else fails, sue everyone who might be telling the truth (Hayden), saving the weekend (Baker), or spreading the truth about what happened.
Johnny - concentrate on making anything happen that is a good thing = forget Disney, forget Orlando, forget JustCircuit.com, stay in Pensacola. You are DONE
By Craig. on 05-09-2010
I’ve never smelled such stinky trash in my life! It’s just ONE GIANT PIECE of demented cloth and ALL of them are cut out from it. INCLUDING that “piece of work” Fehr.
I’m forwarding all information to the attorneys in the Bardfield and DeForest.
By Tony Hayden on 05-10-2010
According to the false article on justcircuit.com, Johnny Chisholm still has a valid non compete with Mark Baker. (false again) Given their sketch monster assessment of Gay Days, and assertion that there is a non compete in play, wouldn’t you think that JC would be suing his competitor promoter versus everyone else? Agree with the earlier post, Chishulm is done in Orlando and on the circuit. NEVER AGAIN
By Ben on 05-10-2010
And now it looks like Mr. Chisholm has fled the country or is hiding out with his co-conspirators someplace:
By Thomas on 05-16-2010
Johnny Chisholm is such a fake! I have personally watched as he ducked phone calls, letters, and meetings with people he had agreements with by having a lawyer stall and misinform people so that he was able to do deals and squeeze others out of them. He changes deals, partners, conditions, by himself, and gets away with it by dealing with ethical people who cannot conceive of lying like he does time and time again. He has destroyed more major Gay Events than any other single person or group as far as Florida goes.
By Luc Dyrkacz on 07-08-2010
It’s done! Read here
By Jack on 04-03-2011
What a joke! Not only is he guilty, but notice that JustCircuit doesn’t report a single word on this? they are just as guilty for knowingly stealing the money of innocent circuit guys.
By Adam Benillo on 04-07-2011
What a joke. There is still somebody in Pensacola who thinks they will get paid by Johnny ? He’s done everywhere. No bank will fund this guy’s events . His businesses are Dead. When was the funeral?
By Brad on 10-27-2011
Time to bring this back to the front page. He was found guilty and ordered to pay. Now he’s back at Arabian Nights? Amazing.
By Ralph on 01-15-2013