May 30, 1998
UFW warns grower-controlled group that spreading further false information about strawberries will be proof of malice in a libel action
Attorneys for the United Farm Workers have notified the Strawberry Workers and Farmers Alliance and the Los Angeles public relations firm that runs the grower-controlled group that they are distributing false information claiming the UFW and the AFL-CIO are urging a boycott of strawberries from a large California berry producer. If they continue circulating such "untruthful" statements, it will be done "with knowledge of falsity" and "in reckless disregard for the truth," and would be clear proof of malice in a possible libel lawsuit.
In a news release issued Friday, the Strawberry Workers and Farmers Alliance (SW&FA) claimed that "the AFL-CIO and the UFW" are calling for a boycott of strawberries produced by Coastal Berry Co., which is headquartered in Watsonville, Calif. It was based on an erroneous memo issued to affiliated local unions by the Orlando-based Central Florida AFL-CIO, a central labor body covering several counties in that state.
On Friday, the Central Florida AFL-CIO issued an "urgent correction" statement notifying its affiliates that "WE WERE IN ERROR! We are not asking you to stop purchasing Coastal berries or any other brand of berries [their emphasis]."
Nevertheless, the Watsonville Register Pajaronian newspaper published a story in its Saturday edition with the headline, "AFL-CIO calls for boycott on local berry company" and quoted freely from the SW&FA news release. The Pajaronian did not confirm its story with the UFW or the AFL-CIO.
In a letter issued on Saturday to the Strawberry Workers and Farmers Alliance, UFW General Counsel Marcos Camacho included a copy of the Central Florida AFL-CIO correction statement and called on the industry-controlled SW&FA to "cease and desist from making any further untruthful statements about the UFW. We are also requesting that you correct any misinformation that you have already distributed." (Text of Camacho letter follows.)
SW&FA is operated out of the West L.A.-based Dolphin Group, a prominent Republican public relations and political consulting firm. SW&FA was created and is financed by the strawberry industry. The Dolphin Group has handled public relations for major agribusiness organizations for more than 20 years. It also hosts the Grape Workers and Farmers Coalition, which opposes the UFW’s grape boycott on behalf of the California Table Grape Commission.
Mailed and faxed: (310) 474-4916
May 30, 1998
Gary Calaroso
Account Executive
Strawberry Workers and Farmers Alliance
(The Dolphin Group)
10700 Santa Monica Blvd, Suite 4356
Los Angeles, CA 90025
RE: Untruthful Press Release About Strawberries
Dear Mr. Calaroso;
This letter shall serve to request that your organization cease and desist from distributing and disseminating the untruthful statement that the AFL-CIO and UFW are calling for a boycott of Coastal Berry strawberries. Such a claim was contained in your organization’s press release that was a source of an article in the May 30, 1998 edition of the Watsonville Register Pajaronian newspaper.
I am attaching to this letter a "Correction" statement issued on Friday May 29, 1998 by the Central Florida AFL-CIO in which it clearly states it was an error to have requested that Coastal berries not be purchased. You now clearly understand that such is not the position of either the UFW or the AFL-CIO.
I am hereby notifying you that any further distribution or dissemination of this untruthful statement will be taken as a defamatory act against the UFW on the part of your organization. Since any further distribution or dissemination of such statements by your organization from this point forward will be done "with knowledge of falsity" and "in reckless disregard of the truth," such distribution will be clear proof of malice in a cause of action for defamation.
Therefore, on behalf of the UFW, I am requesting that you cease and desist from making any further untruthful statements about the UFW. We are also requesting that you correct any misinformation that you have already distributed.
Sincerely,
Marcos Camacho
General Counsel
United Farm Workers
of America, AFL-CIO
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18 West Lake, Suite P ?P.O. Box 1975 ?Watsonville, CA, 95077
(408) 763-4938 ?(408) 763-4908
MARCOS CAMACHO
A LAW CORPORATION
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