CARLSBAD, California — A city councilwoman who filed frivolous restraining orders against two local bloggers critical of her liberal politics has been ordered to pay $47,191 in attorney fees, a Superior Court judge ruled Friday.
Democrat Cori Schumacher is also facing a recall for the incident in addition to attempting to push through COVID-19 punishment measures against businesses and residents who defied California’s yearlong lockdown.
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“She doesn’t understand that the public is allowed to criticize her for virtually any reason,” said Scott Talkov, attorney for blogger Noel Breem who was one of the defendants. “She thought she could silence her critics and do it by force. The court told her, ‘No, you can’t do this. This remedy is not available to you.’ This will hit her hard because she doesn’t make a lot as a councilmember. She only made $42,564 in 2019, according to Transparent California.”
Schumacher’s controversial ideals included hiring a private police force at taxpayer expense to hunt down and cite open businesses and pedestrians who walked together but may not be from the same household. She had been the focus of intense scrutiny by Breem and fellow blogger Laurence Posner for several years. The two men run different Facebook groups that highlight politics in Carlsbad, a wealthy seaside city near the famed Del Mar racetrack.
But it was Schumacher’s insistence on creating a local municipal power company that caused the most negative publicity. Breem recounted the pushback by Republican mayors in the affected area and claimed an electric contractor union that donated to Schumacher’s campaign would benefit.
Schumacher responded by tweeting her opposition to the Republicans, including GOP county Chairman Tony Krvraric and the sole GOP San Diego County Supervisor Jim Desmond.
“Carlsbad politics now makes perfect sense, @TonyKrvavic. It’s time for your brand of white nationalist, regressive, traditionalist/authoritarian toxic & destructive politics to GTFO of North County. And take 5 NC Mayors and Sup. Desmond with you. #TimesUp,” Schumacher wrote.
Schumacher then filed a police report and restraining order against the bloggers in September, which prompted the men to file lawsuits of their own seeking attorney fees. The restraining orders were dismissed last month.
Using a restraining order to silence critics is an obvious attempt to restrain free speech, said Heritage Foundation senior legal fellow Hans von Spakovsky.
“As a public official, you cannot try to shut down criticism of you by abusing and misusing the criminal process. Ms. Schumacher needs a basic refresher course in the First Amendement,” von Spakovsky said.
Trying to create municipal power companies is a radical trend in California that would allow politicians to push through environmental changes without input from voters, said Will Swaim, president of the California Policy Center, a free market think tank.
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“All over California, environmental activists are taking over city councils and then setting up city-owned utility companies — government businesses with complete authority over the sources of energy, its costs, and its availability,” Swaim said. “If you already understand how government has screwed up on wildfires, homelessness, education, unemployment benefits, and water, you know that Cori Schumacher’s effort in Carlsbad is the fastest route to an energy crisis.”
Schumacher did not respond to requests for comment.
