Jennifer Jones Loses Appeal & is NOT Affiliated w/Desert Messenger

https://www.facebook.com/DesertMessengerNews

Greetings!
This blog has been inactive recently, but I've noticed there's been hundreds of views over the past few weeks. (...not sure why, but it could be the political season..see below) I just want to remind folks you can get updates on Quartzsite news, events, and entertainment on our Facebook page: https://www.facebook.com/DesertMessengerNews.

Recently, I've been receiving multiple calls asking if Jennifer "Jade" Jones works with, or for, me. And then just today,  a stranger told me, "Jade really does a great job with the Messenger." After introducing myself, he seemed a bit confused saying, "Well, she said she submitted articles or something." I explained that she publishes her own paper-- sometimes. He still seemed confused saying, "But she helped sign me up to get the Messenger on my phone." My response was simply, "That's nice." 

I want to make it perfectly clear, AGAIN, that 
Mrs. Jennifer Jones is NOT affiliated with Desert Messenger.  

Jones is a candidate for Arizona House of Representatives Legislative District 5, covering La Paz & Mohave Counties. In the past Jones identified herself as an experienced dog groomer, but now she simply identifies herself as a publisher of the Desert Freedom Press. Jones published only 3 editions of her tabloid in all of 2015 and just one edition in 2016 to date. 

In 2014, Jones filed a civil rights lawsuit against me (and Towns of Parker & Quartzsite) in U.S. District Court for Arizona Under Section 1983 for posting an official government Press Release focusing on her alleged actions. To prevail in a claim under section 1983, the plaintiff must prove two critical points: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution.

The case was DISMISSED in the 

United States District Court of Arizona-Phoenix 

but Jones filed an appeal in 

United States Court of Appeals for the Ninth Circuit. 

On April 4, 2016, the US Court of Appeals AFFIRMED the District Court's judgement.

 The short ruling reads:

"A review of the record and the responses to the court’s November 17, 2015 order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard).

Accordingly, we summarily affirm the district court’s judgment. AFFIRMED"

The appeal went before Circuit Judges CANBY, LEAVY, and IKUTA.

(Affirmed – In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.)

Original Case: D.C. No. 2:14-CV-01907-SPL

U.S. District Court for Arizona, Phoenix
On May 29, 2015 Honorable Steven P. Logan, United States District Judge 
dismissed the case in its entirety with prejudice.

Here are some excerpts from Judge Logan's judgement: 
"3. Defendant Shanana Rain Golden-Bear
Lastly, Plaintiff names Golden-Bear as a defendant, the publisher of a free newspaper, “Desert Messenger,” a rival to Plaintiff’s free newspaper, “The Desert Freedom Press.” (Docs. 1 at 9; 35 at 1.) Plaintiff alleges that Golden-Bear violated her civil rights when she printed a press release issued by the Town of Quartzsite, which Plaintiff describes as “libelous and defamatory.” (Doc. 1 at 9.) This claim equally fails.

"Plaintiff does not bring a cause of action for libel or defamation; she brings a §1983 action. To survive a motion to dismiss under §1983, Plaintiff must show that: (1) a constitutional violation occurred; and (2) that deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988) (citation omitted).

"A person acts under color of state law when the person has “exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” Id. at 49 (citation omitted).

"Here, Plaintiff does not allege that Golden-Bear is employed by the Town of Quartzsite, [however in her appeal she indeed did falsely claim that I was an employee of the Town] nor does she allege that Golden-Bear is an elected official for Quartzsite. Furthermore, even if assumed true, the publishing of a press release is not “made possible only because the wrongdoer is clothed with the authority of state law.” Id. Golden-Bear did not publish the press release under the color of state law and is not liable under a §1983 claim."

"DISMISSED in its entirety with prejudice."

Jones' only option now is to appeal to the United States Supreme Court. 

I've posted the court documents so readers can see for themselves her claims made to the Federal Court and the U.S. Court of Appeals. The PDF's are located at www.DesertMessengerNewsBlog.wordpress.com

I really appreciate all of your support during this long process! 
Finally JUSTICE IS SERVED!
~RAIN

Shanana Rain BearCat (AKA Golden-Bear)
Editor/Publisher
Desert Messenger - Quartzsite's FREE Community Paper - Now in our 12th Year!
PO Box 1385, Quartzsite, AZ 85359
Editor@DesertMessenger.com  www.DesertMessenger.com 

Confusion in Quartzsite? Really?

Quartzsite, AZ - Evidently, once again, there is confusion between the two free papers in Quartzsite, Arizona. 

After receiving multiple phone calls and complaints about a certain cartoon published in Jennifer Jones' tabloid, Desert Freedom Press, I felt it necessary to clarify the situation.

Desert Messenger is not affiliated in any way with the tabloid Desert Freedom Press (AKA DFP). Desert Messenger is proud to maintain a Quartzsite business license. DFP does not, and has not since she began publishing over two years ago.

Jones publishes Richard Abbey's self-described "poorly drawn cartoons" in her tabloid. The recent uproar and complaints surround the latest cartoon Jones published on Page 5 of the Jan. 5, 2013 issue, which depicts a hamster holding a shotgun surrounded by dead birds on the ground. 

The headline reads, "HAMster" welcomes "snow birds" to Quartzfest

Amateur Radio Operators are fondly called HAMs. There is a Ham gathering in Quartzsite this week, called "Quartzfest" with already over 200 check ins for the 11 day event, however over 600 attended last year's famous event. 

According to Jacob C. Herman on www.VoiceNation.com: 

"Ham radios are also known as amateur radios, and they are becoming more popular among those who need a powerful communication device as well as computer hobbyists. They enable people to communicate with other amateur radio users in their countries and around the world. In fact, they are the most powerful wireless communication tools that are available to ordinary people, and they can even help connect users with astronauts in space.

Those who use ham radios are called “hams”, and there are presently millions of regular hams around the world. People from all walks of life use ham radios, ranging from movie stars and politicians to missionaries and students. They make use of different types of radio communication devices to participate in ham radio communication. While ham radios are mostly used for personal communication, there are communities of hams who use their radios to provide important information in their localities, such as emergency and disaster alerts. Ham radios offer a great way for users to make friends with people around the world." 

To learn more visit http://www.voicenation.com/resources/article-library/all-about-ham-radios.shtml

Local Hams are well known for helping our local Quartzsite Police Officers during parades and other events and are well respected within the community. Amateur Radio Operators go through rigorous training and are licensed by the FCC.

Jones is famous for her support of our constitutional right of "Freedom of Speech." However, Freedom of speech does not include the right to incite actions that would harm others (e.g. shouting "fire" in a crowded theater. (Schenck v. United States, 249 U.S. 47 (1919)

If anyone else finds this cartoon offensive, I suggest you express your "Freedom of Speech" directly to the publisher, Jennifer Jones, at thedesertfreedompress@yahoo.com or call 928-785-6318. If no response, you can visit her at her Dog Grooming business located at Hassler's RV Park on Main Street, Quartzsite.

Abbey is not so publicly accessible. However if you'd like to directly complain and express your right to free speech to the cartoonist, he is on Facebook at http://facebook.com/richard.abbey1

Needless to say, Jones DOES NOT speak for the majority of Quartzsite residents or snowbirds!

To learn more about Quartzfest 2013 events happening now, visit http://quartzfest.org/.

Shanana "Rain" Golden-Bear,
Publisher/Editor
Desert Messenger, now in our 9th Year in Quartzsite!

Quartzsite Town Attorney answers Jennifer Jones' accusations

Just released this afternoon, Quartzsite Town Attorney

Martin Brannan gets up close and personal.

Press Release

Dec. 22, 2011

Martin Brannan
Quartzsite Town Attorney
PO Box 2812
Quartzsite, AZ 85346-2812

I was just notified by a reporter from KSWT television in Yuma that Jennifer Jones has issued a “press”
release making generally silly accusations about her request that I be investigated by the FBI and the
Arizona Department of Public Safety (DPS) for threatening her and others. Assuming that the FBI and
DPS even find grounds to believe that there is criminal conduct requiring and investigation, which I
highly doubt, I know that I have engaged in no illegal conduct. There is one accusation that Ms. Jones
made which I do want to address, however, because I believe it is of great importance.

Ms. Jones alleged to the KSWT reporter that I am mentally unbalanced. I want to address this accusation
in the hopes that it will help others who are stigmatized by such outrageous allegations.

I am a veteran of the first gulf war (1990-1991). I received an Air Medal for my role in piloting medium
lift helicopters during combat operations in support of the 18th Airborne Corps. Shortly after returning
from the conflict, I began having migraine headaches and experiencing difficulties which fall under the
diagnostic heading of Post-Traumatic Stress Disorder (PTSD). I receive services from the Veteran’s
administration and have a service-connected disability for, along with several physical ailments, PTSD. I
continue to suffer from occasional depression, anxiety and troubled sleep. I take medication for my
condition which makes dealing with this disorder easier, but I do have symptoms and suffer from a
condition designated by mental health professionals as a mental illness.

I admit this freely and without reservation because, like thousands of other Americans who have served
this country against an armed enemy, I am not ashamed of the scars I earned ensuring that people like
Jennifer Jones have the freedoms that Americans enjoy. While Ms. Jones uses her freedom of speech to
ridicule people who bear the mental scars of combat like myself and Council Member Joe Winslow, she
rails against anyone who dares to exercise their free-speech rights to ridicule her and her “service” to her
fellow human beings.

The last US Combat troops have finally left Iraq and many more are still serving in Afghanistan. Some
of them will soon be returning to the United States and to civilian life. Some of them may return to this
community. All of them will have been impacted by their combat service. Some of them, like me, will
have a service-connected disability as a result of their service. All of them, like me, will nevertheless be
capable of really serving their communities both in spite of and, more importantly, because of the
personal price they paid to secure your freedoms.

How you treat these brave men and women who suffer scars that you cannot see will be up to you. You
can honor their service and their sacrifice and help them to adjust to civilian life.

You can also ridicule them and make scurrilous claims that they are mentally unstable like Ms. Jones
does. Like Ms. Jones you can even claim that you are a “patriot” in doing so. That, too is your right; a
right that these brave men and women and Joe Winslow and I all sacrificed a part of their own wellbeing
to ensure.

Quartzsite Publisher responds to letter in Desert Freedom Press

In "August 2011" Volume 1, Issue 14, of The Desert Freedom Press, there is a letter to the editor on page 4 written by Michel Halor that drew my attention. The paper has no particular date, other than "August 2011", but was uploaded to the Desert Freedom Press blog today.

The letter reads:

"I would like to clear my name from the false statements made in the May 18th, 2011 Volume 7 issue 131 of the Desert Messenger - in reference to my having a warrant and theft of stolen property.
These statements are in full, false, and I am considering this libel and defamation.
This has been a recurring issue on many occassions. I'm relaying this to you versus the DM because I hold little faith this would ever reach print or be edited truthfully. With all due respect, they need to get their facts right, this is not only embarrassing, but misinformation spreads rumors."
Michel Halor

Those are some rather strong accusations. The only reference I found to the name above was on Page 17 of Desert Messenger's May 18, 2011 issue under the Arrest Report from QPD. This report was emailed to the Desert Messenger by Linda Conley, previous clerk at Quartzsite Police Department. She is also one of the famous "Quartzsite 10", who now works for La Paz County Attorney's office.

I gotta say, that if my name mistakenly appeared under an arrest report, I sure as heck would not wait until 3 months later to complain to another paper about the situation. Jennifer Jones, of the Desert Freedom Press, should have done her due dilligence before printing such a letter (unless she was intentionally trying to shed a negative light upon the Desert Messenger)!

A notice to all readers: All errors/corrections submitted before deadline, are published in the next available edition of the Desert Messenger. Deadline dates are published (in multiple locations) in EVERY issue of the Desert Messenger!

The 2011-2012 publication schedule, along with each deadline, is available online at http://www.desertmessenger.com/. Advertisers and readers, alike, rely upon the Desert Messenger to "hit the streets" on the publication date (if not before) with reliable news, events and entertainment for Quartzsite and surrounding areas.

Every issue since May 5, 2010 is archived online at www.epageflip.net/title/6362 (under the folder icon at top of landing page). Readers may subscribe to a free service to receive emails when the current issue becomes available. Just click on the brown "subscribe" button on the right hand side of the landing page. As soon as the paper is uploaded, an email will be sent to subscribers FREE! Most times this is before the papers even reach town! Get the news first and subscribe FREE!

Desert Messenger begins our 8th year publishing local news, events and entertainment. Stay tuned for the Best of Quartzsite coming soon!

Quartzsite Senior Center weighs in on "us vs. them"

Letter to editor from Wayne Wilson,
President, Quartzsite Senior Center:

The Quartzsite Senior Citizens Center (QSC/Senior Center) was organized for educational, recreational and entertainment purposes, for enrichment of the lives of the senior citizens of the community. QSC strives to maintain a congenial and stress-free atmosphere by disallowing offensive behavior and confrontational discussions.


During the short time I've been involved with the Senior Center that all seemed to be working pretty well. Until this past spring. A result of the unrest in Quartzsite is that some QSC members stated in March and April 2011 that they would not come to the Senior Center anymore as long as The Desert Freedom Press remained available there. This concern was discussed at some length at the April 2011 QSC Board Meeting where it was decided that individuals have the choice of reading or not reading any publication available at the Senior Center. (The Desert Messenger has been available for quite awhile, as well as the Quartzsite Crier News.)

The "us vs them" situation in Quartzsite is serious enough without using who-reads-what criteria to add to it. I miss the members no longer coming to the Senior Center and invite them to return to socialize and have fun with all of us again. I don't care what publications they read or ignore. I only care about our members and the pleasure of their presence.

Wayne Wilson
Quartzsite Senior Center President

Quartzsite sex offenders "take offense" Are you kidding?

EDITORIAL:

The Desert Messenger, "Quartzsite's FREE Community Paper", now in our 7th year, is NOT affiliated in ANY WAY with the Desert Freedom Press (DFP), a 6-month old tabloid still operating without a Quartzsite business license. Publisher, Jennifer "Jade" Harris-Jones, claims she doesn't need one because the paper is free and quotes "case law", etc. Well, she has a court date on Wed. to see if that defense holds true.

A recent article in DFP expressed sympathy for two Quartzsite Level 2 & 3 CONVICTED Sex Offenders. I received an email from an irrate reader, assuming the article was published in my paper. After clarifying the situation with the reader (who was very apologetic about the mixup), it became clear to me that readers are falling prey to the confusion Jennifer "Jade" Harris-Jones probably had hoped for when she chose the name of her publication.

The name of her first publication dated Dec. 2010, was "Desert Free Press". After the owner of www.DesertFreePress.com became aware of the use his name, Jones quickly changed it slightly, as if no one would notice, to "Desert Freedom Press". Changes were made on her blog and on her paper's blog site, deleting all references of the original name on the Internet.

Jones' article, titled, "Sex offenders take offense" claims that "neither sex offenders had been convicted by a jury of their peers, on evidence that proved their guilt 'beyond a reasonable doubt'". As the mother of a child who was molested, I can tell you that my daughter's perpetrator was also not brought before a "jury of his peers". That's just the way it was. My daughters' offender is still a registered sex offender, according to United States law.

To give such a prominent position and space to a level 2 and a level 3 sex offender, quoting "the girl's family was rich and we were poor" is just irresponsible reporting, in my opinion.

My daughter's journey of healing was a long process, as is any child, or adult, who experienced this type of crime. If the author of that article had any ounce of compassion, she would have taken the time to be concerned about the victims of these crimes, rather than spotlight the sad stories of the perpetrators. Yes, they served their time, and they will continue to be forced to register in the town(s) they live in. That's the way the law is set up, period. That does not stop them from going out to eat at the local McDonald's. Was he banned due to something else? The laws protect Sex Offenders from harassment. If that were true, I suggest he make a formal complaint and not play it out in the local tabloid.

According to Judy Hedding, of http://www.about.com/,

"Arizona's Department of Public Safety knows that there are about 11,000 sex offenders in the State of Arizona. Sex offenders who have been released from custody are required to register with the police. You can see if the most dangerous of those have moved into your area at the Arizona Department of Public Safety's Sex Offender Info Center.

Why is DPS Doing This?
In June of 1996 Arizona adopted its version of "Megan's Law" which includes a community notification process when a sex offender is released from jail or prison, or when they are on probation. By placing this information on the Internet, everyone can now have access to the information and can assist in keeping the information current. Maricopa County has been recognized by The Center For Sex Offender Management as one of sixteen areas of the country that has implemented unique resources for sex offender management.
 
What is Megan's Law?
Megan Kanka was 7 years old when a twice-convicted sex offender, living across the street, brutally raped and murdered her. The crime occurred in New Jersey. In 1994 Governor Christine Todd Whitman signed "Megan's Law" requiring convicted sex offenders to register with local police. The law further establishes a system of notification to the public. President Clinton signed the law in May 1996.

Who's On the Arizona List?
There are approximately 11,000 sex offenders in Arizona. According to the AZ Department of Public Safety Sex Offender Compliance Team, as of September 2007 there are about 2,700 Level 2 sex offenders in Arizona, (about 1,100 of them reside in Maricopa County), and about 1,700 Level 3 sex offenders in Arizona (about 750 of them reside in Maricopa County).
Registered sex offenders from other states must register in Arizona only if they will be in Arizona for more than 10 days. Transients must also register, and are designated as "homeless." There is a limit to how many sex offenders on probation can reside in any one multi-family dwelling to prevent clustering. As of September 19, 2007 Arizona law stipulates that Level 3 sex offenders may not reside within 1,000 feet of a school or a day care center (certain exemptions apply).

How Is the Risk Established and What do the Levels Mean?
There are 19 criteria used to assess the likelihood that a convicted sex offender will commit such a crime again. Point values are assessed for the 19 risk factors, and the total points derived for an individual determine whether he/she will be assigned a Level 1, 2 or 3 rating. Level 1 represents low risk, Level 2 represents intermediate risk, and Level 3 represents high risk."

As a society, we need to be compassionate to all victims of sex crimes. Yes, I am very passionate about this painful topic! I have a reason to be concerned about the youth of our nation! They are our future and we are their teachers. Anyone who is a parent knows the responsibility of raising a child to be a valuable assest to our society. We teach compassion, respect, the honor of our elders, to be able to recognize right from wrong, to be helpful, to walk in a good way on this earth, along with many other character traits.

When making decisions, we need to ask ourselves, "how will this serve the next 7 generations?" Protecting our children is the most important thing we can do as a society. I hope Quartzsite residents will take a stand to protect all of our youth!