Berschauer threat of legal action not carried through – Portland Tribune
Save Yamhill County organizers say commissioner's goal was to misdirect voters days before ballots were mailed
Less than a week before ballots began arriving in mailboxes across the county, attorneys for Commissioner Lindsay Berschauer demanded that the organization seeking her recall, Save Yamhill County, retract statements made on the petitions circulated over the past several months. The embattled commissioner's attorneys threatened legal action if the statements were not retracted.
"On the recall petition filed Nov. 18 during subsequent circulation of that petition, and likely in other subsequent communications, you have made numerous allegations about Commissioner Berschauer without providing factual support," attorney Steve Elzinga of the Portland firm Sherman Sherman Johnnie & Hoyt wrote on Feb. 25.
It appears the threat of legal action was without teeth.
"Despite her promise in her March 4 Facebook Live video to bring a lawsuit against Save Yamhill County, chief petitioner Phil Fovre and myself, we have heard nothing further from either the commissioner or her attorney, and don't expect that she will follow through with her threat," Lynette Shaw, the co-petitioner on the recall effort, said in an email. Berschauer defeated Shaw in a 2020 race for Position 2 on the commission.
Shaw dismissed the threatened lawsuit as a political ploy to distract voters from the real issue: Berschauer's fitness for office.
"Instead of answering the concerns of her constituents or talking with the community about what troubled them enough to call for her resignation, the commissioner has, from the very first day the recall was filed, followed a strategy of casting doubt on the recall effort with lies and mischaracterizations and, even more disturbing, making repeated personal attacks on her constituents who have supported her recall. The threatened lawsuit is just more of the same," Shaw said.
Berschauer countered that her intent in threatening a lawsuit was to maintain the integrity of county governance.
"My purposes in pursuing legal action against this fraudulent recall effort are not only to protect taxpayers from having to pay for these unwarranted and unlawful pursuits in the future (this is costing county taxpayers $80,000), but to also reinforce that recalls should be reserved for egregious and unlawful behavior, not differences of opinion over public policy decisions," she said in an email. "I have also incurred considerable costs in having to defend myself against this unlawful recall attempt, therefore economic damages would be pursued as well."
Berschauer further argued that the wording on the petition, circulated during the first of the year and garnering more than 7,000 signatures, differed significantly from the petition circulated in November that was disqualified by the county on a technical error. She said her team had concerns about the statement on the first petition, but its disqualification rendered it unnecessary to retain an attorney to question its legality.
"When Mr. Fovre filed the second petition, we were shocked to see that his statement changed considerably," Berschauer said. "The language and accusations were markedly different from 'round one.'"
At that point Berschauer hired an attorney, who suggested that the statements were fundamentally false and could be proven as such.
"The statute says that the individual must have known at the time that their statements were false," said Berschauer, who owned and operated a political consulting firm prior to being elected. "We believe, given that Mr. Fovre had spent months on this effort, that he and Save Yamhill County knew the statements provided in the recall petition were false."
Shaw explained that the wording on the petition, technically called a "recall statement," was approved by County Clerk Brian Van Bergen, which allowed SYC to begin circulating the petition and collect signatures.
"That approval happened for this recall on Nov. 18," Shaw said. "The petition is a public document and has been accessible to Commissioner Berschauer and her legal counsel since Nov. 18. We never heard anything from the commissioner or her counsel about the wording on our statement until well after our signatures were submitted for certification and ballots were soon to be delivered to voters."
Shaw said Berschauer's goal was misdirection, plain and simple.
"We believe the commissioner's threat of a lawsuit was intended to harass and intimidate our recall effort," Shaw said. "It's a political strategy she has used with us before: threaten and claim violations of some sort, but never follow through because the damage is done with the threat and misleading messaging that she stands up around it. It's a hardball political tactic, and it has no place here in local politics, especially when used against members of the community."
Shaw responded to Berschauer's threat of legal action with a promise: "If a suit is ever filed, it will most definitely be met with an anti-SLAPP motion. It's highly doubtful she'll take it further, because she understands that this is a classic SLAPP suit, denying us our First Amendment rights, and it's not winnable."
SLAPP is an acronym for Strategic Lawsuit Against Public Participation and is intended to silence critics by forcing them to mount a costly legal defense. Anti-SLAPP laws were adopted in Oregon and many other states more than a decade ago to protect individuals and organizations from litigation while protecting their First Amendment rights.
Berschauer argued that SYC's actions violated state statute that make it illegal to complete and file a recall petition with reckless disregard and that it contains false statement of material fact related to the public officer subject to the recall.
"We also believe that their actions won't qualify for anti-SLAPP protections given the statute's clear language."
You count on us to stay informed and we depend on you to fund our efforts.Quality local journalism takes time and money. Please support us to protect the future of community journalism.
Read the original post:
Berschauer threat of legal action not carried through - Portland Tribune
- Students raise concerns over Kansas Senate bill that limits First Amendment right to protest - Kansas Reflector - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee For The First Amendment On Brendan Carr Threats - Deadline - March 17th, 2026 [March 17th, 2026]
- This is the issue with doing counterterrorism in a 'First Amendment society': Paul Mauro - Fox News - March 17th, 2026 [March 17th, 2026]
- A Media-Rating Company Says a Trump Agency Is Threatening Its Livelihood - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Feds Move To Dismiss Charges Against Army Veteran Who Burned American Flag Near White House - First Amendment Watch - March 17th, 2026 [March 17th, 2026]
- Jane Fonda's Committee for the First Amendment issued a response to FCC Chair Brendan Carr's threats against broadcasters' coverage of Iran. Read more... - March 17th, 2026 [March 17th, 2026]
- On MSNOW, Angelo Carusone discusses grave First Amendment consequences of the Trump administration trying to control major media organizations - Media... - March 17th, 2026 [March 17th, 2026]
- Diddy Appeals Conviction Claiming Freak-Offs Protected by First Amendment - That Grape Juice.net - March 17th, 2026 [March 17th, 2026]
- Raja Ramaswamy Column: We should protect the First Amendment like we do the Second - reporter.net - March 17th, 2026 [March 17th, 2026]
- The Recap: Trump squashes First Amendment, and another state could flip blue - Daily Kos - March 15th, 2026 [March 15th, 2026]
- In Fox News Op-Ed, Mahmoud Khalil Urges Americans To Defend The First Amendment - Yahoo - March 15th, 2026 [March 15th, 2026]
- Sheriff Grady Judd says troll crossed lines of First Amendment in threats made to Kaitlin Bennett - Yahoo - March 15th, 2026 [March 15th, 2026]
- The Fate of the First Amendment - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Attacking the First Amendment on Repeat - Civil Discourse with Joyce Vance - March 15th, 2026 [March 15th, 2026]
- Humanities Hub leads a week of celebrating First Amendment rights and history - Clemson News - March 15th, 2026 [March 15th, 2026]
- Free Expression and the Rights of Non-Citizens - | Knight First Amendment Institute - March 15th, 2026 [March 15th, 2026]
- Former ACLU president speaks with Trojans about intricacies of the First Amendment and free speech - USC Today - March 15th, 2026 [March 15th, 2026]
- AU holds 2026 Future of the First Amendment Lecture on Tuesday - WJBF - March 15th, 2026 [March 15th, 2026]
- INDIVIDUAL RIGHTS5th Cir.: Principal not immune from teachers First Amendment claims over pre-attendance prayer ban - VitalLaw.com - March 15th, 2026 [March 15th, 2026]
- First amendment quote - Pea Ridge Times - March 15th, 2026 [March 15th, 2026]
- Stanford Daily First Amendment suit against Trump admin moves toward final ruling - The Mercury News - March 15th, 2026 [March 15th, 2026]
- Diddy Reiterates Claim Freak-Offs Were Protected by First Amendment in New Appeal Brief - Complex - March 15th, 2026 [March 15th, 2026]
- Steve Bertrands acceptance speech for Lifetime Achievement Award at the RTDNA First Amendment Awards - WGN Radio 720 - March 15th, 2026 [March 15th, 2026]
- Legal Battle Between Anthropic, Trump Admin Could Have Major First Amendment Implications, Experts Say - National Review - March 15th, 2026 [March 15th, 2026]
- Kansas Senate votes to subvert students First Amendment right to join public protests - Kansas Reflector - March 7th, 2026 [March 7th, 2026]
- The Infrastructure of Free Expression - | Knight First Amendment Institute - March 7th, 2026 [March 7th, 2026]
- Editorial: Know the First Amendment rights - The Shorthorn - March 7th, 2026 [March 7th, 2026]
- After Abandoning Law Firm Executive Orders, Trump Administration Reverses Course and Pursues Fight - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- Federal Judge Blocks Florida Governors Foreign Terrorist Label of Muslim Groups - First Amendment Watch - March 7th, 2026 [March 7th, 2026]
- You cant celebrate the First Amendment with Donald Trump - Media Matters for America - March 7th, 2026 [March 7th, 2026]
- Mamdanis thin-skinned press secretary blocks social media comments a clear First Amendment violation, critics say - New York Post - February 26th, 2026 [February 26th, 2026]
- A Childrens Book Writer Clashed With Trump. Now Shes Defending The First Amendment - SheKnows - February 26th, 2026 [February 26th, 2026]
- Christian nationalism threatens First Amendment freedoms: The right to worship any way you desire - MS NOW - February 26th, 2026 [February 26th, 2026]
- Age Limits on Bodybuilding Supplements: Inside the First Amendment Battle for Teen Health - Live Media News - February 26th, 2026 [February 26th, 2026]
- Sorry FTC, the First Amendment Trumps Antitrust Law - RealClearMarkets - February 26th, 2026 [February 26th, 2026]
- Letter: Utah bill targeting protesters is a frontal assault on First Amendment rights - The Salt Lake Tribune - February 22nd, 2026 [February 22nd, 2026]
- First Amendment Troops The ResistDance - Dance Magazine - February 22nd, 2026 [February 22nd, 2026]
- Gov. Hochuls crackdown on AI-generated political speech wont pass the First Amendment test - New York Post - February 22nd, 2026 [February 22nd, 2026]
- Utah bill cracking down on protests criticized as invasion of our First Amendment rights - Utah News Dispatch - February 22nd, 2026 [February 22nd, 2026]
- The First Amendment in flux - The Minnesota Daily - February 22nd, 2026 [February 22nd, 2026]
- Attorney William Brewer on New Yorks Even Year Election Law and the First Amendment - First Amendment Watch - February 22nd, 2026 [February 22nd, 2026]
- Supporting and Implementing Truth as a Free Speech Value - | Knight First Amendment Institute - February 22nd, 2026 [February 22nd, 2026]
- Editorial: Reading between the lines of the First Amendment - TribLIVE.com - February 22nd, 2026 [February 22nd, 2026]
- Press Release: Representative Dave Min Raises First Amendment Concerns in Letter to FCC Chairman - Quiver Quantitative - February 22nd, 2026 [February 22nd, 2026]
- In a Scorching Order, Federal Judge Rejects Trumps Attempt to Trample the First Amendment and Rewrite Americas Antebellum Past - Ms. Magazine - February 22nd, 2026 [February 22nd, 2026]
- The Anti-Homelessness Plot Against the First Amendment - The New Republic - February 14th, 2026 [February 14th, 2026]
- In the News: Thomas Berg on Competing First Amendment Rights - Newsroom | University of St. Thomas - February 14th, 2026 [February 14th, 2026]
- New Knight Institute Initiative to Focus on Reconstructing Free Expression After Trump - | Knight First Amendment Institute - February 14th, 2026 [February 14th, 2026]
- Two Universities. Two Posters. One First Amendment Problem. - FIRE | Foundation for Individual Rights and Expression - February 14th, 2026 [February 14th, 2026]
- Haywood school district accused of First Amendment violation after Memphis rapper speaks to students - FOX13 Memphis - February 14th, 2026 [February 14th, 2026]
- Judge Rules Against Hegseth, Finding That He Trampled on Senator Kellys First Amendment Freedoms - Talking Points Memo - February 14th, 2026 [February 14th, 2026]
- Opinion | Don Lemon and the First Amendment - The Wall Street Journal - February 7th, 2026 [February 7th, 2026]
- The First Amendment and Lincolns Constitutional Legacy: Lectures in Law and Humanities focus on the history of Americans rights - Clemson News - February 7th, 2026 [February 7th, 2026]
- Can students be punished for protesting during the school day? First amendment expert weighs in - Fox 59 - February 7th, 2026 [February 7th, 2026]
- In the News: Julie Jonas on Don Lemon Arrest and the First Amendment - Newsroom | University of St. Thomas - February 7th, 2026 [February 7th, 2026]
- Nevada Fake Elector Case Resumes With Debate Over Intent Behind 2020 Pro-Trump Ceremony - First Amendment Watch - February 7th, 2026 [February 7th, 2026]
- Kentuckys Second Amendment warriors cannot stay silent as the First Amendment dies - Forward Kentucky - February 7th, 2026 [February 7th, 2026]
- Banned Books, Free Speech, and the First Amendment - Law.com - February 7th, 2026 [February 7th, 2026]
- Washington Post Cuts a Third of Its Staff in a Blow to a Legendary News Brand - First Amendment Watch - February 7th, 2026 [February 7th, 2026]
- Understanding what First Amendment rights students have when protesting ICE - WTHR - February 7th, 2026 [February 7th, 2026]
- Don Lemon Says a Dozen Agents Were Sent To Arrest Him Even Though He Offered To Turn Himself In - First Amendment Watch - February 4th, 2026 [February 4th, 2026]
- VERIFY: Yes, student protests are protected under the First Amendment, but schools can still discipline students for missing class - rocketcitynow.com - February 4th, 2026 [February 4th, 2026]
- Video First amendment lawyer reacts to arrest of Don Lemon - ABC News - February 1st, 2026 [February 1st, 2026]
- Mark Levin: Interference is not a First Amendment right - Fox News - February 1st, 2026 [February 1st, 2026]
- Can You Protest Inside or Near a Church? First Amendment Analysis - Freedom Forum - February 1st, 2026 [February 1st, 2026]
- First Amendment lawyers say Minneapolis ICE observers are protected by Constitution - Minnesota Reformer - February 1st, 2026 [February 1st, 2026]
- Opinion | After the Minneapolis shootings, a reminder of what the First Amendment protects - Star Tribune - February 1st, 2026 [February 1st, 2026]
- Trump Border Czar Suggests First Amendment Isnt All That Important - The New Republic - February 1st, 2026 [February 1st, 2026]
- The First Amendment turned upside down: Buckley at 50 - Citizens for Responsibility and Ethics in Washington - February 1st, 2026 [February 1st, 2026]
- The Recap: Trump takes a dump on the First Amendment, plus his asinine Fed chair nominee - Daily Kos - February 1st, 2026 [February 1st, 2026]
- Student sues UMass Amherst on First Amendment rights, after school suspends him - NEPM - February 1st, 2026 [February 1st, 2026]
- This is a vendetta against the press: journalists warn of threat to First Amendment - Northern News Now - February 1st, 2026 [February 1st, 2026]
- California prohibits its teachers from talking about a student's gender identity to their parents. That raises First Amendment concerns. - FIRE |... - February 1st, 2026 [February 1st, 2026]
- First Amendment and what it means to teen-agers - hngnews.com - February 1st, 2026 [February 1st, 2026]
- Don Lemon charged with interfering with First Amendment rights at church protest - NBC News - February 1st, 2026 [February 1st, 2026]
- First Amendment expert links religious freedom to global interfaith work in Spokane talk - FVS News - February 1st, 2026 [February 1st, 2026]
- Protesters' rights: What they can and can't do under the First Amendment - midmichigannow.com - February 1st, 2026 [February 1st, 2026]
- What the Law Says About the Don Lemon Arrest and the Limits of the First Amendment - EEW Magazine - February 1st, 2026 [February 1st, 2026]
- The First Amendment Will Outlive Trump | Opinion - Out South Florida - February 1st, 2026 [February 1st, 2026]
- NABJ OUTRAGED AT ARRESTS OF DON LEMON, GEORGIA FORT THE FIRST AMENDMENT IS NOT OPTIONAL - Texas Metro News - February 1st, 2026 [February 1st, 2026]